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COMMONWEALTH v. MORRISON

429 Mass. 511 (1999)

COMMONWEALTH v. JOSEPH M. MORRISON.

Supreme Judicial Court of Massachusetts, Hampshire.

May 4, 1999.

Attorney(s) appearing for the Case

Cynthia M. Pepyne, Assistant District Attorney, for the Commonwealth.

Malcom B.E. Smith for the defendant.

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

FRIED, J.

The Commonwealth appeals from an order of a District Court judge allowing the defendant's motion to suppress all evidence seized during a warrantless entry into the apartment of a third party in which the defendant was present. We reverse the allowance of the motion to suppress because the defendant did not have a cognizable privacy interest in the apartment in question and, in any event, the search was justified by exigent circumstances.

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