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COMMONWEALTH v. GARNER

SJC-13103.

490 Mass. 90 (2022)

COMMONWEALTH v. EARL GARNER.

Supreme Judicial Court of Massachusetts, Bristol.

June 24, 2022.

Attorney(s) appearing for the Case

David B. Mark , Assistant District Attorney, for the Commonwealth.

Brian A. Kelley for the defendant.

Rebecca Kiley & David Rassoul Rangaviz , Committee for Public Counsel Services, Katharine Naples-Mitchell , Chauncey B. Wood , & Radha Natarajan , for Charles Hamilton Houston Institute for Race and Justice & others, amici curiae, submitted a brief.

Present: Budd, C.J., Gaziano, Lowy, Cypher, Kafker, Wendlandt, & Georges, JJ.

The defendant, Earl Garner, was charged with two firearm offenses as the result of a traffic stop. After an evidentiary hearing, a judge in the Superior Court granted the defendant's motion to suppress, having concluded that the firearm was discovered during an unlawful patfrisk.

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