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COMMONWEALTH v. HAMILTON

24 Mass. App. Ct. 290 (1987)

508 N.E.2d 870

COMMONWEALTH vs. MICHAEL A. HAMILTON.

Appeals Court of Massachusetts, Middlesex.

June 10, 1987.

Attorney(s) appearing for the Case

Edward L. Toro, Assistant District Attorney, for the Commonwealth.

Richard Zorza, Committee for Public Counsel Services, for the defendant.

Present: GREANEY, C.J., CUTTER, & KASS, JJ.

GREANEY, C.J.

A judge of the Superior Court allowed a motion to suppress drugs and drug-related items and paraphernalia seized in a warrantless search by the Malden police from a motel room occupied by the defendant. See G.L.c. 278, § 28E; Mass.R.Crim.P. 15(b)(2), 378 Mass. 884 (1979). We affirm the order.

The judge found the following facts. At approximately 1:30 A.M. on February 27, 1985, an unidentified...

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