Commonwealth v. Hart

After a District Court judge allowed the defendants’ motions to suppress on the basis that each had been “seized” without legal justification, the Commonwealth sought and obtained leave to appeal pursuant to Mass.R.Crim.P. 15(b)(2), 378 Mass. 884 (1979). On the judge’s findings of fact, as supplemented by the uncontroverted and credible testimony of the arresting detective,2 we draw our own inferences, reach our own conclusions of law (see Commonwealth v. Moon, 380 *82Mass. 751, 756 [1980]; Commonwealth v. Thinh Van Cao, 419 Mass. 383, 384, cert. denied, 515 U.S. 1146 [1995]), and reverse the…