Commonwealth v. Miller

The Commonwealth appeals under G. L. c. 278, § 28E, from an order allowing in part the defendant’s motion to suppress evidence in cases involving narcotic charges. The trial judge made findings of fact in part as follows. A special officer of the Amherst police department, acting on the possibility that a Ford Econoline van was not properly registered, stopped it as it pulled away from the curb in an Amherst street. On request the operator handed the officer the registration of the van and alighted from the van, at which time the officer observed a “clear plastic packet containing a green…