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COMMONWEALTH v. MURPHY

SJC-10287

454 Mass. 318 (2009)

COMMONWEALTH v. ROBERT P. MURPHY.

Supreme Judicial Court of Massachusetts, Norfolk.

July 23, 2009.

Attorney(s) appearing for the Case

Alexei Tymoczko, Assistant District Attorney (Carolyn L. Hely, Assistant District Attorney, with him) for the Commonwealth.

Lisa M. Kavanaugh, Committee for Public Counsel Services, for the defendant.

James M. Milligan, Jr., for Massachusetts Association of Criminal Defense Lawyers, amicus curiae, submitted a brief.

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

GANTS, J.

The defendant was arrested at a roadblock established by the State police as part of a sobriety checkpoint program to detect and deter drunk driving (sobriety checkpoint), and charged with operating a motor vehicle while under the influence of alcohol, third offense, in violation of G. L. c. 90, § 24. The roadblock was conducted pursuant to State police General Order TRF-15 (TRF-15), which sets forth protocols and guidelines governing sobriety checkpoints...

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