COMMONWEALTH v. PACHECO

SJC-11216.

464 Mass. 768 (2013)

COMMONWEALTH v. ANTONIO L. PACHECO.

Supreme Judicial Court of Massachusetts, Essex.

April 5, 2013.


Attorney(s) appearing for the Case

Paul R. Rudof , Committee for Public Counsel Services ( Tracy Walts , Committee for Public Counsel Services, with him) for the defendant.

Ronald DeRosa , Assistant District Attorney, for the Commonwealth.

Michael D. Cutler & Steven S. Epstein , for National Organization for the Reform of Marijuana Laws, amicus curiae, submitted a brief.

Ezekiel Edwards , of New York, Matthew R. Segal , & Alex G. Philipson , for American Civil Liberties Union of Massachusetts & another, amici curiae, submitted a brief.

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


DUFFLY, J.

The defendant appeals from the denial of his motion to suppress a firearm and other evidence found in a backpack in the trunk of a vehicle that had been stopped by a State trooper. A District Court judge determined that, after the trooper smelled freshly burnt marijuana and was directed to a small bag of marijuana on the floor of the vehicle, occupied by the defendant and four others, he had probable cause to...

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