Commonwealth v. Van Cao

The defendant was convicted on November 12, 1991, of three counts of armed robbery and four counts of assault and battery with a dangerous weapon. Prior to trial, the defendant filed a motion to suppress evidence of a photographic identification made by one of the victims, Jerry *384Yinchaun Chi. The motion was denied. The defendant claims on appeal that the motion to suppress should have been allowed because the photograph from which Chi identified the defendant as the robber was obtained during an- allegedly illegal seizure of the defendant’s person in violation of the Fourth Amendment to the…