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COMMONWEALTH v. FISHER

No. 13-P-837.

86 Mass. App. Ct. 48 (2014)

COMMONWEALTH v. CYRUS S. FISHER.

Appeals Court of Massachusetts, Hampshire.

Decided July 22, 2014.

Attorney(s) appearing for the Case

Michael J. Russo, III , Assistant District Attorney ( Thomas H. Townsend , Assistant District Attorney, with him) for the Commonwealth.

Leah R. Kunkel for the defendant.

Present: COHEN, SIKORA, & AGNES, JJ.

AGNES, J.

This is an interlocutory appeal by the Commonwealth from an order of a District Court judge allowing the defendant's motion to suppress evidence. See Mass.R.Crim.P. 15, as appearing in 422 Mass. 1501 (1996). The judge found, on the basis of the undisputed evidence, that the police were lawfully engaged in a community caretaking function when they responded to a report that a person in a car may be either...

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