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COMMONWEALTH v. RUTLEDGE

No. 13-P-965.

86 Mass. App. Ct. 904 (2014)

COMMONWEALTH v. ROBERT RUTLEDGE (and sixteen companion cases).

Appeals Court of Massachusetts.

July 25, 2014.

Attorney(s) appearing for the Case

Michael Sheehan , Assistant District Attorney, for the Commonwealth.

Sarah E. Dolven for Robert Rutledge.

Kirsten A. Zwicker Young for Jaemill Horton.

RESCRIPT

The defendants were charged with, inter alia, numerous firearms offenses. A judge in the Superior Court allowed the defendants' motions to suppress a firearm seized after a warrantless search of a backpack following an investigatory stop of a motor vehicle. The Commonwealth appeals, contending that a preliminary patfrisk of the backpack was not necessary as a prerequisite to the search. We affirm.

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