Legal Opinion
Commonwealth v. Cruz-Rivera
Massachusetts Appeals Court
Decided December 17, 2009No. 08-P-1758PublishedCited by 5 opinions
1Opinion of the CourtMcHugh, J.
Following a trial without a jury, the defendant, Wilbert Cruz-Rivera, was convicted of possessing cocaine with intent to distribute, G. L. c. 94C, § 32A(a), and a drug violation near a school or park, G. L. c. 94C, § 32J.1 His appeal is based on the denial of his motion to suppress the drugs that formed the basis for the charges and on other alleged errors. We reach none of the other errors, for we conclude that the search leading *15to discovery of the drugs was improper and therefore reverse the defendant’s conviction.
Background. Following an evidentiary hearing on the defendant’s motion to…
2Cases cited8 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Commonwealth v. SilvaMassachusetts Supreme Judicial Court · 1974
- Commonwealth v. JimenezMassachusetts Supreme Judicial Court · 2002
- Commonwealth v. RobbinsMassachusetts Supreme Judicial Court · 1990
- Commonwealth v. MaderaMassachusetts Supreme Judicial Court · 1988
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3Cited by5 opinions
- Commonwealth v. MyersMassachusetts Appeals Court · 2012
- Commonwealth v. DouglasMassachusetts Appeals Court · 2014
- Commonwealth v. MeneideMassachusetts Appeals Court · 2016
- Commonwealth v. ConsuloMassachusetts Superior Court · 2010
- Commonwealth v. DouglasMassachusetts Appeals Court · 2014