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COMMONWEALTH v. AGOSTO

428 Mass. 31 (1998)

COMMONWEALTH v. JOSE AGOSTO (and seven companion cases).

Supreme Judicial Court of Massachusetts, Hampden.

July 21, 1998.

Attorney(s) appearing for the Case

Lori K. Odierna, Assistant District Attorney, for the Commonwealth.

Dale E. Bass for Jose Agosto.

Colleen Tynan, Committee for Public Counsel Services (Benjamin H. Keehn, Committee for Public Counsel Services, with her) for Ivette Velez.

David J. Gagne for Mitchell Reyes.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.

MARSHALL, J.

The defendants were indicted on August 1, 1996, for trafficking in cocaine (twenty-eight to one hundred grams), G. L. c. 94C, § 32E (b),3 and for unlawful possession of heroin with intent to distribute, G. L. c. 94C, § 32 (a). The defendants moved to suppress evidence seized in two warrantless searches of an automobile. The judge allowed the defendants' motions to suppress the evidence discovered during the...

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