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COMMONWEALTH v. BLAKE

23 Mass. App. Ct. 456 (1987)

503 N.E.2d 467

COMMONWEALTH vs. JEFFREY J. BLAKE & another.

Appeals Court of Massachusetts, Worcester.

February 2, 1987.

Attorney(s) appearing for the Case

Andrew Silverman, Committee for Public Counsel Services, for John B. Learnard.

Robert M. Bailey, for Jeffrey J. Blake, submitted a brief.

John J. Conte, District Attorney, & Katherine E. McMahon, Assistant District Attorney, for the Commonwealth, submitted a brief.

Present: KASS, KAPLAN, & FINE, JJ.

KAPLAN, J.

Having been indicted for the unlawful possession of cocaine (G.L.c. 94C, § 34), the defendants, Blake and Learnard, moved pretrial to suppress material evidence — cocaine, Coffeemate (a coffee creamer), and a gram scale of a type adapted to drug traffic — that had been seized in consequence of what the police intended to be a threshold inquiry. A judge of the Superior Court allowed the motion. A single justice of the Supreme Judicial...

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