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COMMONWEALTH v. McCARTHY

428 Mass. 871 (1999)

COMMONWEALTH v. SCOTT A. MCCARTHY.

Supreme Judicial Court of Massachusetts, Norfolk.

February 10, 1999.

Attorney(s) appearing for the Case

Brian T. O'Neill, Assistant District Attorney (Brian A. Wilson, Assistant District Attorney, with him) for the Commonwealth.

William F. Sullivan for the defendant.

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

IRELAND, J.

This appeal raises the issue whether a visitor's parking space at an apartment complex is within the curtilage of a tenant's apartment. If it is, then a search warrant issued for the apartment would encompass that parking space. A District Court judge ruled that the space is not within the curtilage, and granted the defendant's motion to suppress evidence found during a search of his automobile.1 We conclude that the visitor...

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