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COMMONWEALTH v. VARNUM

No. 95-P-420.

39 Mass. App. Ct. 571 (1995)

COMMONWEALTH vs. DONALD C. VARNUM, JR.

Appeals Court of Massachusetts, Franklin.

December 28, 1995.

Attorney(s) appearing for the Case

Byron D. Caplice for the defendant.

Elizabeth D. Schiebel, District Attorney & Jane E. Mulqueen, Assistant District Attorney, for the Commonwealth.

PRESENT: JACOBS, LAURENCE, & LENK, JJ.

JACOBS, J.

Facing charges in the jury-of-six session of the District Court for operating a motor vehicle while under the influence of alcohol (fourth or subsequent offense) and after suspension of his license for drunk driving, the defendant filed a motion to suppress any observations of him "obtained as a result of a warrantless stop and arrest" on October 3, 1992. After a hearing, the judge allowed the motion....

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