Commonwealth v. Robinson

At issue is the correctness of an order allowing the defendant’s motion to suppress evidence seized from the defendant’s person. The Commonwealth applied to a single justice for leave to appeal. See Mass. R. Crim. P. 15 (b) (2), 378 Mass. 884 (1979). The single justice allowed the Commonwealth’s application and transferred the case to this court. We reverse the order allowing the defendant’s motion to suppress.

We summarize the facts as found by the motion judge. At approximately 4 a.m. , on September 5,1986, Detective Robert Tully, of the Boston police department’s drug control unit, received…