COMMONWEALTH v. LOPEZ

No. 94-P-309.

38 Mass. App. Ct. 748 (1995)

COMMONWEALTH vs. JOSE OSPINA LOPEZ.

Appeals Court of Massachusetts, Suffolk.

July 14, 1995.


Attorney(s) appearing for the Case

Lisa J. Stephani for the defendant.

Jane L. McDonough, Assistant District Attorney, for the Commonwealth.

Present: ARMSTRONG, KASS, & GREENBERG, JJ.


ARMSTRONG, J.

At issue is whether exigent circumstances excused police officers' failure to obtain an arrest or search warrant prior to entering the defendant's apartment to arrest him.

The entry immediately followed a controlled buy of cocaine. Undercover officer Alejandro made the purchase, having been led to the defendant's apartment and introduced to him by an informant called "Juney." After the buy, Alejandro on leaving gave a prearranged signal to the...

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