COMMONWEALTH v. EMUAKPOR

No. 01-P-963.

57 Mass. App. Ct. 192 (2003)

COMMONWEALTH v. KEN EMUAKPOR (and three companion cases).

Court of Appeals of Massachusetts, Bristol.

January 23, 2003.


Attorney(s) appearing for the Case

Steven E. Gagne, Assistant District Attorney, for the Commonwealth.

Paul L. Carlucci for Christopher Jackson.

Daniel M. Rich for Ken Emuakpor.

Richard W. Foster for Archibald Kollie.

Edward F. Sullivan, Jr., for Quincy Jackson, was present but did not argue.

Present: KANTROWITZ, DREBEN, & MCHUGH, JJ.


MCHUGH, J.

Each of the four defendants was indicted for armed robbery and armed assault with intent to rob. At the appropriate point in pretrial proceedings, each filed a motion to suppress evidence seized by the police. After a hearing, a judge in the Superior Court concluded that the police had had an insufficient basis for stopping the defendants' automobile in the vicinity of, and minutes after, an armed robbery in a nearby shopping mall, and consequently allowed...

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