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COMMONWEALTH v. DEPIERO

No. SJC-11893.

473 Mass. 450 (2016)

87 Mass. App. Ct. 105

COMMONWEALTH, vs. JOHN C. DEPIERO.

Supreme Judicial Court of Massachusetts.

January 4, 2016.

Attorney(s) appearing for the Case

Jane Prince ( Randy S. Chapman with her) for the defendant.

Casey E. Silvia , Assistant District Attorney, for the Commonwealth.

Daniel K. Gelb , for National Association of Criminal Defense Lawyers, amicus curiae, submitted a brief.

Chauncey B. Wood , Dahlia S. Fetouh , Nancy A. Dinsmore , & Benjamin R. Cox , for Massachusetts Association of Criminal Defense Lawyers, amicus curiae, submitted a brief.

Present: Gants, C.J., Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ.

In January, 2013, after a bench trial, the defendant was convicted of operating a motor vehicle while under the influence of alcohol (second offense) in violation of G. L. c. 90, § 24 (1) (a) (1). On appeal, he argues that the denial of his motion to suppress evidence obtained during a warrantless...

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