Commonwealth v. Angivoni

This is an interlocutory appeal by the Commonwealth pursuant to Mass. R. Crim. P. 15 (a) (2), 378 Mass. 882 (effective July 1, 1979), from the decision of a District Court judge. The judge allowed the defendant’s motion to suppress the results of tests performed on blood samples taken from the defendant. After an evidentiary hearing, the judge ruled that the defendant did not voluntarily consent to the blood extraction procedure, which, in the absence of such consent, was unlawful. We hold that there was no error.

The judge made the following findings of fact:

“At about 11:30 am on July 5, 1979…