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COMMONWEALTH v. GUTIERREZ

No. 87-393.

26 Mass. App. Ct. 42 (1988)

522 N.E.2d 1002

COMMONWEALTH vs. JORGE GUTIERREZ.

Appeals Court of Massachusetts, Suffolk.

May 16, 1988.

Attorney(s) appearing for the Case

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

John B. Glynn for the defendant.

Present: BROWN, KAPLAN, & DREBEN, JJ.

BROWN, J.

The Commonwealth appeals pursuant to Mass.R.Crim.P. 15(b)(2), 378 Mass. 884 (1979), from the order of a Superior Court judge suppressing evidence seized from the defendant's person during a warrantless search conducted at Logan Airport.

The relevant facts found by the judge are as follows. At approximately 8:00 P.M. on January 4, 1986, State Trooper Andrew Palombo was at Logan Airport watching passengers...

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