Commonwealth v. Cassidy

The defendant appeals from his conviction by a jury on the charge of unlawful possession of marihuana (G. L. c. 94C, § 34) 1 He assigns as error a Superior Court *161judge’s denial of his motion to suppress a pipe, from which marihuana residue was obtained, seized during the course of a warrantless search of his automobile. Our decision on this issue is dispositive, and we therefore do not address the defendant’s second claim of error.

The motion judge made no findings of fact. The sole witness at the hearing was the arresting officer, Gerald Beaupre of the Douglas police department, and we assume…