COMMONWEALTH v. DEDOMINICIS

No. 96-P-351.

42 Mass. App. Ct. 76 (1997)

COMMONWEALTH v. JOHN DEDOMINICIS.

Court of Appeals of Massachusetts, Middlesex.

January 22, 1997.


Attorney(s) appearing for the Case

Melissa J. Weisgold, Assistant District Attorney, for the Commonwealth.

Benjamin H. Keehn, Committee for Public Counsel Services, for the defendant.

Present: DREBEN, GILLERMAN, & FLANNERY, JJ.


DREBEN, J.

This is an appeal by the Commonwealth from the allowance of the defendant's motion to suppress more than 200 five-dollar bills found in the course of a pat-frisk of the defendant. The motion judge found that the police officer reasonably was in apprehension of danger sufficient to make a pat frisk, but, based on the judge's own "feel" of the wad of money taken from the defendant, concluded that the officer was not constitutionally permitted to examine what...

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