Commonwealth v. Gaylardo

This is the Commonwealth’s appeal from the allowance by a District Court judge of the defendant’s motion to suppress evidence. We reverse.

A police officer driving by a parking lot at about 2:38 a.m. on a winter night noticed a car with a person, later determined to be the defendant, sitting alone in the driver’s seat. The car’s headlights and interior lights were on, the engine was running, and the driver’s-side door was open. The officer pulled his cruiser behind the car and approached on foot. When his observations led the officer to conclude that the defendant was intoxicated, he arrested…