COMMONWEALTH v. DAMIANO


444 Mass. 444 (2005)

COMMONWEALTH vs. PHILLIP M. DAMIANO.

Supreme Judicial Court of Massachusetts, Plymouth.

June 3, 2005.


Attorney(s) appearing for the Case

Gail M. McKenna, Assistant District Attorney, for the Commonwealth.

Jane Larmon White, Committee for Public Counsel Services, for the defendant.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.


CORDY, J.

The Commonwealth appeals from the allowance of a motion to suppress the contents of a telephone conversation to which Phillip M. Damiano was a party, and evidence derived from that conversation, including a bag of marijuana found in a search of Damiano's pockets at the time of his arrest, a large quantity of cocaine subsequently seized from his house, and statements he made to the police at the police station.1 The basis on which...

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