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COMMONWEALTH v. FERNANDEZ

No. 02-P-6.

57 Mass. App. Ct. 562 (2003)

COMMONWEALTH v. ESTERLINA FERNANDEZ.

Court of Appeals of Massachusetts, Plymouth.

March 12, 2003.

Attorney(s) appearing for the Case

David M. Skeels, Committee for Public Counsel Services, for the defendant.

Carolyn A. Burbine, Assistant District Attorney, for the Commonwealth.

Present: DOERFER, KASS, & MCHUGH, JJ.

KASS, J.

Before us is a question whether police could, within the limits set by the Fourth Amendment to the Constitution of the United States, arrest and search a passenger in a motor vehicle from which the driver was observed making an unlawful drug sale.1 A judge of the Superior Court denied a motion to suppress the fruits of the search of the passenger: a marked $20 bill that a police officer had used to make a drug buy; a pager;

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