COMMONWEALTH v. DOUGLAS


399 Mass. 141 (1987)

503 N.E.2d 28

COMMONWEALTH vs. KIM H. DOUGLAS (and five companion cases).

Supreme Judicial Court of Massachusetts, Hampshire.

January 26, 1987.


Attorney(s) appearing for the Case

Charles K. Stephenson, Assistant District Attorney (John E. Shea, Assistant District Attorney, with him) for the Commonwealth.

Anne Rideout for Suzanne M. Smith & others.

Bernard J. Whalen, Jr., for Kevin P. Lebeau (David G. Sacks, for Gary A. Rainaud, joined in a brief).

Present: HENNESSEY, C.J., WILKINS, NOLAN, LYNCH, & O'CONNOR, JJ.


WILKINS, J.

The defendants, each charged with unlawful possession of one or more controlled substances and two charged also with playing poker for money, were successful in persuading a judge in the six-person jury session in North-ampton to allow their motions to suppress evidence seized in an August 18, 1984, police raid on premises in Belchertown. The Commonwealth appealed, and we transferred the appeal to this court. At issue is whether the evidence could lawfully...

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