Commonwealth v. Colitz

Pursuant to Mass.R.Crim.P. 15(a)(2), 378 Mass. 882 (1979), the Commonwealth appeals from a decision of a District Court judge allowing the defendant’s motion to suppress two checks and $800 in marked bills taken from his person at the time of his arrest. Citizens acting with probable cause to believe, but without actual knowledge, that the defendant had taken over $100 from Oseo Drug, Inc., see G. L. c. 266, § 30, requested the police to arrest the defendant. The judge found that “the arrest was made by or at the direction of the police” but that they had acted without probable cause. We hold…