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COMMONWEALTH v. SILVA

No. 02-P-981.

61 Mass. App. Ct. 28 (2004)

807 N.E.2d 170

COMMONWEALTH v. DAVID J. SILVA.

Appeals Court of Massachusetts.

April 28, 2004.

Attorney(s) appearing for the Case

Eric S. Brandt, Committee for Public Counsel Services, for the defendant.

Kelly-Anne DeFao, Assistant District Attorney, for the Commonwealth.

Present: MASON, BROWN, & BERRY, JJ.

BERRY, J.

In this case, we reverse the denial of that part of a motion to suppress directed to a warrantless automobile search because both the legal theory advanced and the foundational evidence proffered by the government in support of the police officer's entry into the car to search for ownership records — which are the predicates advanced to support the subsequent plain view seizure of cocaine —...

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