Commonwealth v. Rivera

The defendant has been charged with possession of heroin with intent to distribute, G. L. c. 94C, § 32(a ). Following an evidentiary hearing, a District Court judge allowed the defendant's motion to suppress heroin seized from his backpack following a traffic stop. The Commonwealth's application to pursue an interlocutory appeal was allowed by a single justice of the Supreme Judicial Court, who reported the matter to this court. See G. L. c. 278, § 28E ; Mass.R.Crim.P. 15(a)(2), as appearing in 422 Mass. 1501 (1996). The Commonwealth's principal argument on appeal is that the heroin was…