Legal Opinion

Commonwealth v. Nestor N.

Massachusetts Appeals Court

Decided August 28, 2006No. 05-P-865PublishedCited by 17 opinions

1Opinion of the CourtDuffly, J.

Prior to trial, the defendant, who was charged with unlawful possession of a rifle pursuant to G. L. c. 269, § 10(a), moved to suppress all evidence found by police on his person during a patfrisk. This is the Commonwealth’s interlocutory appeal from the allowance of that motion. We reverse.

Facts. We summarize the facts found by the motion judge and supplemented by the undisputed testimony.2 On the evening of April 28, 2004, Officer Felipe Colon and Detective James Freeman of the Boston drug control unit were in plain clothes and driving in an unmarked passenger van in the Dorchester section…

2Cases cited21 opinions

  1. Commonwealth v. ScottMassachusetts Supreme Judicial Court · 2004
  2. Commonwealth v. GrandisonMassachusetts Supreme Judicial Court · 2001
  3. Commonwealth v. StouteMassachusetts Supreme Judicial Court · 1996
  4. Commonwealth v. BorgesMassachusetts Supreme Judicial Court · 1985
  5. Commonwealth v. JimenezMassachusetts Supreme Judicial Court · 2002

16 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Commonwealth v. MartinMassachusetts Supreme Judicial Court · 2014
  2. Commonwealth v. CabreraMassachusetts Appeals Court · 2010
  3. Commonwealth v. QuinnMassachusetts Appeals Court · 2007
  4. Commonwealth v. JonesMassachusetts Appeals Court · 2019
  5. Commonwealth v. WernerMassachusetts Appeals Court · 2008

12 more not listed; retrieve them via the Exa API.

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