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COMMONWEALTH v. DANIEL

No. 10-P-1495.

81 Mass. App. Ct. 306 (2012)

COMMONWEALTH v. CLINT DANIEL & another.

Appeals Court of Massachusetts, Suffolk.

February 16, 2012.

Attorney(s) appearing for the Case

Zachary Hillman , Assistant District Attorney, for the Commonwealth.

Tim Brown , Committee for Public Counsel Services, for the defendants.

Present: GRASSO, COHEN, & CARHART, JJ.

GRASSO, J.

Does a lawful stop of a motor vehicle for moving violations, the observation of a noticeable odor of freshly-burnt marijuana in the passenger compartment, and the recovery of two packages of marijuana from the driver authorize a police officer to do more than was permitted in Commonwealth v. Cruz, 459 Mass. 459 (2011)? We believe so. Accordingly, we reverse an order allowing the defendants' motions to suppress...

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