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COMMONWEALTH v. PENA

No. 06-P-1062.

69 Mass. App. Ct. 713 (2007)

COMMONWEALTH vs. JUAN C. PENA & others.

Appeals Court of Massachusetts, Suffolk

August 14, 2007.

Attorney(s) appearing for the Case

David D. McGowan (Anne M. Thomas, Assistant District Attorney, with him) for the Commonwealth.

Samson Huang (David Rossman & Terrance W. Stone with him) for Pedro A. Valdez, Jr., & another.

Bruce L. Namenson for Jean C. Roy, Jr.

Present: GELINAS, GREEN, & GRAINGER, JJ.

GELINAS, J.

The Commonwealth appeals from an order of a judge in the Boston Municipal Court allowing the defendants' motion to suppress firearms found in a compartment under the rear seat of a Volkswagen in which the defendant was the front seat passenger. It argues that the judge erred in allowing the motion because the police had probable cause to conduct a warrantless search under a rear seat cushion in the vehicle...

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