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COMMONWEALTH v. MADERA

402 Mass. 156 (1988)

521 N.E.2d 738

COMMONWEALTH vs. JOSE M. MADERA.

Supreme Judicial Court of Massachusetts, Hampden.

April 13, 1988.

Attorney(s) appearing for the Case

Carlo Obligato, Committee for Public Counsel Services, for the defendant.

Edward B. Fogarty, Assistant District Attorney, for the Commonwealth.

Present: WILKINS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.

WILKINS, J.

We are concerned with the admissibility of evidence found during a warrantless search of a gym bag that the defendant was carrying when the police lawfully arrested him. The defendant argues that the search was unreasonable in violation of the Fourth and Fourteenth Amendments to the Constitution of the United States and art. 14 of the Declaration of Rights of the Constitution of the Commonwealth. We affirm the...

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