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COMMONWEALTH v. LAFLEUR

No. 02-P-1032.

58 Mass. App. Ct. 546 (2003)

COMMONWEALTH v. THOMAS L. LAFLEUR

Court of Appeals of Massachusetts, Plymouth.

July 14, 2003.

Attorney(s) appearing for the Case

Tracy L. Bulger, Assistant District Attorney, for the Commonwealth.

Paul Alan Bogosian for the defendant.

Present: MASON, BERRY, & KAFKER, JJ.

KAFKER, J.

The defendant sought to suppress statements he made to a police officer while he was strapped to a stretcher and receiving medical assistance. The District Court judge allowed the motion to suppress concluding that the defendant, who had not been given Miranda warnings, was in custody when he made the statements. We reverse.

The judge found the following facts, none of which is alleged to be clearly...

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