Commonwealth v. Diaz

Lowy, David A., J.

The defendant, Felipe Diaz (“Diaz”), is charged in the above-numbered indictment with possession of heroin with the intent to distribute. Diaz now moves to suppress evidence seized during the search of his motor vehicle and his cellular telephone. For the following reasons, Diaz’s motion is DENIED as to the evidence seized from his motor vehicle, but ALLOWED as to the evidence seized from his cellular telephone.

FINDINGS OF FACT

After an evidentiary hearing, the court finds the following facts.

On December 15,2008, at approximately 2:23 p.m., Officer Michael DiMeglio of the…