Commonwealth v. Mercado

The defendant, Jose Mercado, stands indicted for murder in the first degree, breaking and entering a building with intent to commit a felony, and illegal possession of a firearm. After a hearing, a Superior Court judge allowed Mercado’s motion to suppress evidence seized from him following a police officer’s stop and frisk. The judge determined that the stop was not justified by reasonable suspicion. Pursuant to Mass. R. Crim. P. 15 (b) (2), 378 Mass. 884 (1979), the *368Commonwealth applied to a single justice of this court for leave to appeal the allowance of the motion to suppress. The single…