COMMONWEALTH v. MERCADO


422 Mass. 367 (1996)

COMMONWEALTH vs. JOSE MERCADO.

Supreme Judicial Court of Massachusetts, Suffolk.

April 1, 1996.


Attorney(s) appearing for the Case

Christopher Hodgens, Assistant District Attorney, for the Commonwealth.

Edward K. Boyer for the defendant.

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


ABRAMS, J.

The defendant, Jose Mercado, stands indicted for murder in the first degree, breaking and entering a building with intent to commit a felony, and illegal possession of a firearm. After a hearing, a Superior Court judge allowed Mercado's motion to suppress evidence seized from him following a police officer's stop and frisk. The judge determined that the stop was not justified by reasonable suspicion. Pursuant to Mass. R. Crim. P. 15 (b) (2), 378 Mass. 884...

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