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COMMONWEALTH v. COLITZ

13 Mass. App. Ct. 215 (1982)

431 N.E.2d 600

COMMONWEALTH vs. ARNOLD M. COLITZ.

Appeals Court of Massachusetts, Middlesex.

February 22, 1982.

Attorney(s) appearing for the Case

Michael E. Festa, Assistant District Attorney, for the Commonwealth.

John C. McBride for the defendant.

Present: PERRETTA, ROSE, & DREBEN, JJ.

PERRETTA, J.

Pursuant to Mass.R.Crim.P. 15(a)(2), 378 Mass. 882 (1979), the Commonwealth appeals from a decision of a District Court judge allowing the defendant's motion to suppress two checks and $800 in marked bills taken from his person at the time of his arrest. Citizens acting with probable cause to believe, but without actual knowledge, that the defendant had taken over $100 from Osco Drug, Inc., see G.L.c. 266, § 30, requested the police to arrest the...

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