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COMMONWEALTH v. BLAIS

428 Mass. 294 (1998)

COMMONWEALTH v. RICHARD BLAIS.

Supreme Judicial Court of Massachusetts, Suffolk.

November 3, 1998.

Attorney(s) appearing for the Case

Aline G. Carriere & James F. Rennick for the defendant. Paul B. Linn, Assistant District Attorney, for the Commonwealth.

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

FRIED, J.

Having denied the defendant's motion to suppress the results of standard roadside field sobriety tests, a District Court judge, in substance, reported the following questions to the Appeals Court pursuant to Mass. R. Crim. P. 34, 378 Mass. 905 (1979): (1) whether conducting such tests constitutes a search that may be undertaken only where there is probable cause to arrest; and (2) whether a person may be taken to have

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