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COMMONWEALTH v. MARCHIONE

384 Mass. 8 (1981)

422 N.E.2d 1362

COMMONWEALTH vs. ROBERT L. MARCHIONE & another.

Supreme Judicial Court of Massachusetts, Middlesex.

July 1, 1981.

Attorney(s) appearing for the Case

Robert L. Rossi, Assistant District Attorney, for the Commonwealth.

Dorothy DeMita Driscoll for the defendants.

Present: HENNESSEY, C.J., BRAUCHER, LIACOS, ABRAMS, & NOLAN, JJ.

HENNESSEY, C.J.

The Commonwealth appeals from an order of a Superior Court judge suppressing evidence gathered in a warrantless search of premises leased by the defendants.2 We conclude that the search was permissible under the exigency exception to the constitutional prohibition of warrantless searches and seizures, and we therefore vacate the order.

We summarize the evidence presented...

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