Commonwealth v. Pacheco

The defendant appeals from the denial of his motion to suppress a firearm and other evidence found in a backpack in the trunk of a vehicle that had been stopped by a State trooper. A District Court judge determined that, after the trooper smelled freshly burnt marijuana and was directed to a small bag of marijuana on the floor of the vehicle, occupied by the defendant and four others, he had probable cause to believe that a crime had been committed and that evidence of that crime could be found in the trunk.1 A single justice of this court allowed the defendant’s application for leave to file…