COMMONWEALTH v. DEAGLE


10 Mass. App. Ct. 563 (1980)

409 N.E.2d 1347

COMMONWEALTH vs. STEPHEN J. DEAGLE.

Appeals Court of Massachusetts, Suffolk.

September 29, 1980.


Attorney(s) appearing for the Case

J.W. Carney, Jr., for the defendant.

William R. Wilson, Legal Assistant to the District Attorney (Michael J. Traft, Assistant District Attorney, with him) for the Commonwealth.

Present: ARMSTRONG, ROSE, & PERRETTA, JJ.


ARMSTRONG, J.

Around 12:45 P.M. on February 13, 1979, police officers who had been observing the occupants of a car through binoculars for twenty minutes surrounded the car and saw the driver, who appeared to be "extremely high on something," take a plastic bag from the seat between himself and the front-seat passenger and stash it under the seat. The police officers opened the car, smelled an odor recognized by them to be that of burning phencyclidine (otherwise...

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