Commonwealth v. Sacco

On February 8,1985, Somerville police officers made a warrantless arrest of the defendant, Sacco. They seized several items of property, including cocaine and $2,000 in one-hundred dollar bills. A grand jury indicted Sacco for possession of cocaine with intent to distribute. In September, 1985, a Superior Court judge allowed Sacco’s motion to suppress all the evidence seized on February 8 and, thereupon, allowed the Commonwealth’s motion to dismiss the indictment.

Sacco moved for the return of his property (excluding the illegal drugs). Some of the property, including a wallet, two personal…