GREEN, J.
A judge of the Superior Court allowed the defendant's motion to suppress evidence discarded by the defendant as he ran from police. On the Commonwealth's appeal, we conclude that the police did not seize the defendant in the constitutional sense until after they observed the defendant throw a shotgun into the bushes, and vacate the order of suppression.
Facts. We summarize the facts found by the motion judge. At approximately 3:40 P.M. on...
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