COMMONWEALTH v. BOSTOCK

SJC-09929.

450 Mass. 616 (2008)

COMMONWEALTH v. WILLIAM BOSTOCK.

Supreme Judicial Court of Massachusetts, Norfolk.

February 11, 2008.


Attorney(s) appearing for the Case

Brian A. Wilson, Assistant District Attorney, for the Commonwealth.

Paul C. Brennan for the defendant.

Andrew S. Crouch, for Committee for Public Counsel Services, amicus curiae, submitted a brief.

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


SPINA, J.

The Commonwealth sought interlocutory review of the order of a judge in the Superior Court suppressing evidence obtained after police ordered the defendant, William Bostock, out of a vehicle and searched his bags. The judge concluded that the police lacked authority to issue the exit order and search Bostock's bags. A single justice allowed the interlocutory appeal, and we transferred the case here on our own motion...

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