COMMONWEALTH v. LITES

No. 05-P-1119.

67 Mass. App. Ct. 815 (2006)

COMMONWEALTH v. JEFFREY LITES.

Appeals Court of Massachusetts, Suffolk.

December 14, 2006.


Attorney(s) appearing for the Case

Eric J. Weinstein for the defendant.

Timothy M. Pomarole, Assistant District Attorney, for the Commonwealth.

Present: Duffly, Cypher, & Katzmann, JJ.


DUFFLY, J.

A Superior Court judge concluded that the fresh odor of burnt marijuana emanating from the open door of a stopped automobile was a sufficient basis upon which to arrest the defendant, a passenger in the vehicle, and that subsequent interrogation of the defendant in violation of his Miranda rights did not require suppression of physical evidence found on the defendant's person because the items would inevitably...

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