Commonwealth v. Mariano

The defendant, Rudolph Mariano (“Mariano”), has been indicted by a Worcester Grand Jury for allegedly possessing cocaine with an intent to distribute and for doing so within 1,000 feet of a school, in violation of G.L.c. 94C, §§32A(a) and 32J. Both of these indictments arose from a warrantless search that was done of the defendant’s person by Detective Joseph Siciliano of the Leominster Police Department on December 8, 1997 at Montgomery’s Lounge in Leominster, in which a baggie containing 13.6 grams of cocaine was seized.

The defendant now seeks to suppress the cocaine seized from him during…