Commonwealth v. Motta

On May 10, 1994, a Plymouth County grand jury returned indictments against the defendants, Leon R. Motta and Emilio Serverino, for trafficking in heroin. G. L. *118c. 94C, § 32E (c).2 The defendants moved to suppress the heroin, asserting that the warrantless search of the vehicle in which Serverino was the driver and Motta was the passenger was unlawful. The Commonwealth argued that the search was justified under the so-called “automobile exception” to the warrant requirement. The motion judge ruled that the police had probable cause to believe that the vehicle contained contraband, but that…