COMMONWEALTH v. GONSALVES

No. 97-P-233I.

46 Mass. App. Ct. 186 (1999)

COMMONWEALTH v. JOHN D. GONSALVES.

Court of Appeals of Massachusetts, Plymouth.

January 19, 1999.


Attorney(s) appearing for the Case

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

Gary A. Nickerson for the defendant.

Present: ARMSTRONG, GILLERMAN, & KASS, JJ.


KASS, J.

At about 9 P.M. on March 5, 1997, William R. Serpa, a State trooper, on routine patrol duty on Route 195, pulled over a white Chevrolet taxicab because it had faded over a marked line and into the breakdown lane. During the course of the stop, Trooper Serpa ordered a rear-seat passenger out of the taxi, searched around the rear seat, and found cocaine. A judge of the Superior Court ordered that the fruits of Trooper Serpa's search be suppressed because the...

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