Commonwealth v. Bizarria

This interlocutory appeal by the Commonwealth urges that we hold valid „a warrantless administrative search conducted under G. L. c. 90, § 32. A judge of the District Court found the search was without the consent of the defendant and a subterfuge to avoid the burden of establishing probable cause to support a criminal investigative search. The judge allowed, on State constitutional grounds, the defendant’s motion to suppress evidence seized as a result of the search. The Commonwealth argues that the judge’s *371findings were clearly erroneous. We affirm the order allowing the defendant’s motion…