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COMMONWEALTH v. SMALL

No. 89-P-1145.

28 Mass. App. Ct. 533 (1990)

552 N.E.2d 599

COMMONWEALTH vs. LUTHER SMALL.

Appeals Court of Massachusetts, Suffolk.

April 17, 1990.

Attorney(s) appearing for the Case

Daniel M. Marposon, Assistant District Attorney, for the Commonwealth.

John J. Courtney for the defendant.

Present: WARNER, C.J., ARMSTRONG, & PERRETTA, JJ.

PERRETTA, J.

This is an appeal by the Commonwealth from an order of the Superior Court allowing the defendant's motion to suppress drugs and a gun found in his luggage which was searched by the police without a warrant at Logan Airport. The judge made findings of fact upon which he concluded that the defendant had a reasonable expectation of privacy in his luggage, which he did not abandon, and that the warrantless...

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