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COMMONWEALTH v. MORALES

SJC-10982.

462 Mass. 334 (2012)

COMMONWEALTH v. CARLOS MORALES.

Supreme Judicial Court of Massachusetts, Middlesex.

May 29, 2012.

Attorney(s) appearing for the Case

Melissa Weisgold Johnsen , Assistant District Attorney, for the Commonwealth.

Peter M. Onek , Committee for Public Counsel Services, for the defendant.

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

IRELAND, C.J.

The Commonwealth appeals from an order entered in the Superior Court suppressing drugs seized from between the defendant's buttocks pursuant to a search incident to his arrest following a lawful automobile stop. During the search of the defendant, who was lying face down on a sidewalk and whose arms were handcuffed behind his back, the defendant's buttocks were exposed to public view. After an evidentiary hearing...

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