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COMMONWEALTH v. LIMONE

SJC-10804.

460 Mass. 834 (2011)

COMMONWEALTH v. JOSEPH LIMONE.

Supreme Judicial Court of Massachusetts, Middlesex.

November 18, 2011.

Attorney(s) appearing for the Case

Kevin J. Curtin , Assistant District Attorney ( Patricia Gould , Assistant District Attorney, with him) for the Commonwealth.

Robert H. D'Auria for the defendant.

John M. Collins & John Ansbach for Massachusetts Chiefs of Police Association, Inc., & another, amici curiae, submitted a brief.

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

SPINA, J.

The defendant Joseph Limone was indicted for operating while under the influence of intoxicating liquor (OUI) (seventh or subsequent offense), operating with a license suspended for a prior OUI, and operating with a revoked license, following an encounter with an off-duty Somerville police officer in the city of Woburn. He moved to suppress all evidence obtained as a result of the Woburn encounter, on the ground...

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