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COMMONWEALTH v. FERRARA

376 Mass. 502 (1978)

381 N.E.2d 141

COMMONWEALTH vs. DANTE FERRARA.

Supreme Judicial Court of Massachusetts, Middlesex.

September 29, 1978.

Attorney(s) appearing for the Case

Paul D'Agostino for the defendant.

William L. Pardee, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, & WILKINS, JJ.

BRAUCHER, J.

In a defendant's interlocutory appeal pursuant to G.L.c. 278, § 28E, we are asked to review the constitutionality of a stop of the automobile he was driving and of the ensuing search. Following Commonwealth v. McCleery, 345 Mass. 151, 153 (1962), we hold that, once the driver produced a valid license and registration, the police had no authority to order the passengers out of the car. In the circumstances...

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