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COMMONWEALTH v. PHILLIPS

413 Mass. 50 (1992)

595 N.E.2d 310

COMMONWEALTH vs. LAMAR PHILLIPS (and three companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

July 9, 1992.

Attorney(s) appearing for the Case

Thomas J. Mundy, Jr., Assistant District Attorney (Brian J. Carney, Assistant District Attorney, with him) for the Commonwealth.

Brownlow M. Speer, Committee for Public Counsel Services (Holly A. Clarke with him) for Melvin Woody.

John E. Conwell for Lamar Phillips.

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

O'CONNOR, J.

The defendants were indicted for unlawfully carrying a firearm in a vehicle and for the unlawful possession of ammunition. The defendant Woody moved that the court "dismiss the indictments against him or [] suppress all evidence obtained pursuant to his stop, detention and arrest on July 21, 1989." With a judge's permission, the defendant Phillips orally joined in Woody's motion. After a hearing on the motion, the judge dismissed all the indictments....

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