Commonwealth v. Clegg

In this interlocutory appeal, the Commonwealth challenges a District Court judge’s order allowing the defen dant’s motion to suppress evidence seized from a motor vehicle. At issue is whether the judge abused his discretion or committed other error of law in (1) denying the Commonwealth’s request for a continuance when its sole witness, a police officer, failed to appear for the scheduled hearing, and (2) then allowing the defendant’s motion. For the reasons that follow, we conclude that the judge erred.

1. Background. Because the officer who failed to appear for the scheduled evidentiary…