COMMONWEALTH v. SPENCE


403 Mass. 179 (1988)

526 N.E.2d 1054

COMMONWEALTH vs. DANA A. SPENCE.

Supreme Judicial Court of Massachusetts, Suffolk.

August 4, 1988.


Attorney(s) appearing for the Case

Jane Larmon White, Committee for Public Counsel Services, for the defendant.

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

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


ABRAMS, J.

The defendant appeals from his conviction of possession of heroin with intent to distribute on the ground that the search of the defendant's person and the seizure of the heroin was unlawful and that the seized evidence should have been suppressed. We transferred the case from the Appeals Court on our own motion. We reverse.

We summarize the facts as found by the judge on the motion to suppress. On August 19, 1986, at about 3 P.M., State Trooper...

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