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COMMONWEALTH v. TOOLE

389 Mass. 159 (1983)

448 N.E.2d 1264

COMMONWEALTH vs. RICHARD L. TOOLE, JR.

Supreme Judicial Court of Massachusetts, Franklin.

May 11, 1983.

Attorney(s) appearing for the Case

Brian L. Blackburn, Assistant District Attorney, for the Commonwealth.

Jack D. Curtiss for the defendant.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, & LYNCH, JJ.

WILKINS, J.

We are concerned with the lawfulness of a warrantless search of a truck tractor, commonly called a cab, which the defendant had been driving on Route 91 in Deerfield on September 21, 1981. A State trooper lawfully stopped the vehicle and arrested the defendant on an outstanding warrant for his arrest on a charge of assault and battery. The police ordered the defendant out of the cab and during a routine "pat-frisk" found an empty holster and an ammunition...

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