COMMONWEALTH v. BIZARRIA

No. 90-P-1160.

31 Mass. App. Ct. 370 (1991)

578 N.E.2d 424

COMMONWEALTH vs. ANTONIO M. BIZARRIA.

Appeals Court of Massachusetts, Middlesex.

September 20, 1991.


Attorney(s) appearing for the Case

Paul R. McLaughlin, Assistant District Attorney, for the Commonwealth.

Brian J. McMenimen for the defendant.

Present: DREBEN, FINE, & GILLERMAN, JJ.


DREBEN, J.

This interlocutory appeal by the Commonwealth urges that we hold valid a warrantless administrative search conducted under G.L.c. 90, § 32. A judge of the District Court found the search was without the consent of the defendant and a subterfuge to avoid the burden of establishing probable cause to support a criminal investigative search. The judge allowed, on State constitutional grounds, the defendant's motion to suppress evidence seized as a result...

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