COMMONWEALTH v. MOTTA


424 Mass. 117 (1997)

COMMONWEALTH v. LEON R. MOTTA (and seven companion cases).

Supreme Judicial Court of Massachusetts, Plymouth.

January 15, 1997.


Attorney(s) appearing for the Case

John E. Bradley, Assistant District Attorney, for the Commonwealth.

Jane Larmon White for Emilio Serverino.

Charles H. Robson for Leon Motta.

Present: WILKINS, C.J., ABRAMS, LYNCH, GRBANEY, & FRIED, JJ.


LYNCH, J.

On May 10, 1994, a Plymouth County grand jury returned indictments against the defendants, Leon R. Motta and Emilio Serverino, for trafficking in heroin. G. L. c. 94C, § 32E (c).2 The defendants moved to suppress the heroin, asserting that the warrantless search of the vehicle in which Serverino was the driver and Motta was the passenger was unlawful. The Commonwealth argued...

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