Commonwealth v. Murdough

A single justice of the Supreme Judicial Court granted the Commonwealth’s application for interlocutory review of a District Court judge’s order suppressing controlled substances which came into plain view as a result of the defendant stepping out of a car at the request of State police of*737ficers investigating his condition pursuant to their caretaking function. The single justice transferred the appeal to this court pursuant to Mass.R.Crim.P. 15(a)(2), 378 Mass. 882 (1979). On appeal, the Commonwealth claims error in the judge’s conclusion that the State police officers “went beyond the…