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COMMONWEALTH v. AIVANO

No. 11-P-688.

81 Mass. App. Ct. 247 (2012)

COMMONWEALTH v. HOLLY A. AIVANO (and a companion case).

Appeals Court of Massachusetts, Hampden.

February 3, 2012.

Attorney(s) appearing for the Case

Bethany C. Lynch , Assistant District Attorney, for the Commonwealth.

Daniel M. Shea for Holly A. Aivano.

Andrew G. Bombardier for Peter J. Cosumano.

Present: GREEN, VUONO, & MILKEY, JJ.

GREEN, J.

The Commonwealth appeals from two orders suppressing evidence obtained from the defendants incident to roadside stops conducted at a sobriety checkpoint during the early morning hours of August 29, 2010. A judge of the District Court allowed the defendants' motions to suppress because the checkpoint was conducted on West Columbus Avenue, a municipal public way in Springfield (and not a State highway), but...

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