Commonwealth v. Ortiz

The defendant, having been indicted for possession of heroin with intent to distribute, filed a pretrial motion to suppress evidence seized as a result of a warrantless search of an automobile. After hearing, a judge of the Superior Court allowed the defendant’s motion in part and denied it in part. Both the Commonwealth and the defendant applied for a claim of appeal under G. L. c. 278, § 28E. A single justice of this court granted the interlocutory appeals, consolidated them, and reported the case, without decision, to the full court.

The facts, taken from the motion judge’s order and…