COMMONWEALTH v. VAZQUEZ


426 Mass. 99 (1997)

COMMONWEALTH v. CARLOS VAZQUEZ.

Supreme Judicial Court of Massachusetts, Suffolk.

November 7, 1997.


Attorney(s) appearing for the Case

Robert J. Bender, Assistant District Attorney, for the Commonwealth.

Jerry B. Wittenberg for the defendant.

Present: LYNCH, GREANEY, MARSHALL, & IRELAND, JJ.


MARSHALL, J.

The Commonwealth appeals from an order of a judge sitting in the Salem Division of the District Court Department allowing the defendant's motion to suppress evidence, a handgun allegedly used by the defendant in an assault. A police officer had searched a vehicle, found the gun, and seized it. The judge ruled that there was no probable cause for the vehicle search.

A single justice of this court allowed the Commonwealth's request for an interlocutory...

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