Commonwealth v. Page

1. The motion to suppress. We accept the motion judge’s findings of fact as binding unless they are clearly erroneous, Commonwealth v. Berment, 39 Mass. App. Ct. 522, 523 (1995). After the hearing on the motion to suppress, the judge found the following facts. The defendant appeared in a hospital emergency room in the early morning hours of February 18, 1994. Judith Glenn, an off-duty police officer, was on uniformed private detail. After the defendant asked for assistance at the reception desk, he went outside with Glenn. A female (victim) was seated in the passenger seat of an automobile…