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COMMONWEALTH v. DEJESUS

No. 07-P-803.

72 Mass. App. Ct. 117 (2008)

COMMONWEALTH v. GIOVANNY DEJESUS.

Appeals Court of Massachusetts, Suffolk.

June 23, 2008.

Attorney(s) appearing for the Case

Carina R. Canaan, Assistant District Attorney, for the Commonwealth.

Donna Jalbert Patalano for the defendant.

Present: GREEN, GRAHAM, & GRAINGER, JJ.

GREEN, J.

The Commonwealth appeals from an order of a Boston Municipal Court judge, allowing the defendant's motion to suppress evidence seized during a warrantless search.1 We affirm the order, because at the time the police ordered the defendant to step out of the vehicle in which he was seated, police had no reasonable suspicion that he had committed, or was about to commit, a crime, and there was no imminent threat to public safety...

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