COMMONWEALTH v. DUNN

No. 92-P-320.

34 Mass. App. Ct. 702 (1993)

615 N.E.2d 597

COMMONWEALTH vs. WILLIAM L. DUNN.

Appeals Court of Massachusetts, Hampden.

July 2, 1993.


Attorney(s) appearing for the Case

Joseph D. Bernard, Assistant District Attorney, for the Commonwealth.

Bettie Ann Mikucki for the defendant.

Present: ARMSTRONG, SMITH, & PORADA, JJ.


ARMSTRONG, J.

The Commonwealth appeals from an order of a District Court judge suppressing as evidence marihuana and paraphernalia found in a warrantless search of the passenger compartment of the defendant's vehicle. The circumstances, as found by the judge in a thoughtful decision, and as then stipulated by the parties, were as follows:

At approximately 10:00 P.M. on March 9, 1991, a Saturday night, the...

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