COMMONWEALTH v. GONZALEZ


403 Mass. 172 (1988)

526 N.E.2d 1049

COMMONWEALTH vs. JIMMY GONZALEZ (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

August 4, 1988.


Attorney(s) appearing for the Case

Kevin J. Ross, Assistant District Attorney, for the Commonwealth.

Ronald Ian Segal for Jimmy Gonzalez.

Nelson Gediman, for Rafael Cruz, submitted a brief.

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


ABRAMS, J.

A judge in the Superior Court allowed the defendants' motions to suppress evidence seized pursuant to a warrantless search of a bag which Rafael Cruz delivered to Jimmy Gonzalez. The case is before us on an interlocutory appeal. We reverse.

We summarize the facts as found by the judge on the motions to suppress. At approximately 5:15 P.M., on July 11, 1986, Officer Eduardo Dominguez of the Boston police...

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