COMMONWEALTH v. O'CONNOR


406 Mass. 112 (1989)

546 N.E.2d 336

COMMONWEALTH vs. RICHARD G. O'CONNOR.

Supreme Judicial Court of Massachusetts, Middlesex.

November 20, 1989.


Attorney(s) appearing for the Case

Robert E. Fox for the defendant.

Kurt N. Schwartz, Assistant District Attorney, for the Commonwealth.

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


WILKINS, J.

During a pat-search for weapons, a Burlington police officer seized controlled substances from the defendant in what the Commonwealth concedes was a violation of the defendant's constitutional right to be free from unreasonable searches and seizures. When the police officer seized the drugs, he had already determined to "assist" the defendant to the Burlington police station pursuant to his authority under G.L.c. 111B, § 8 (1988 ed.), because, in...

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