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COMMONWEALTH v. SERBAGI

23 Mass. App. Ct. 57 (1986)

498 N.E.2d 1363

COMMONWEALTH vs. RUSSELL C. SERBAGI, SR. (and a companion case).

Appeals Court of Massachusetts, Essex.

October 28, 1986.

Attorney(s) appearing for the Case

Paul Allen Epstein, Assistant District Attorney (Edward F. Connelly, Special Assistant District Attorney, with him) for the Commonwealth.

Herbert F. Travers, III (Albert L. Farrah, Jr., with him) for the defendants.

Present: GRANT, KASS, & WARNER, JJ.

GRANT, J.

These are District Court complaints issued under G.L.c. 94C, § 34. The complaint against Russell C. Serbagi, Sr. (Senior), charges him with unlawful possession of cocaine. The complaint against Russell C. Serbagi, Jr. (Junior), charges him with unlawful possession of marihuana as well as cocaine. Both substances were seized by the Andover police following a warrantless entry into Senior's apartment. Each defendant filed a motion to suppress the substance...

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