Commonwealth v. Irizarry

The defendant has been indicted for possession of a controlled substance with intent to distribute. He has filed a motion to suppress evidence obtained by police as a result of a warrantless seizure, contending that the intervention by police was without adequate basis and otherwise unlawful. The Commonwealth disagrees.

An evidentiaiy hearing was conducted on January 24, 2005, and testimony was received from an officer of the Gardner Police Department and the defendant. At the request of counsel for the defendant, additional time was granted in order to file a supporting memorandum, with leave…