Commonwealth v. Scott

This is an appeal by the Commonwealth from the allowance of the defendant’s motion to suppress after we had vacated a motion judge’s initial allowance of the motion to suppress and remanded the case to the Superior Court for further proceedings. See Commonwealth v. Scott, 52 Mass. App. Ct. 486, 496 (2001). We reverse.

In response to our remand order, the judge held a hearing. The only witness to testify at the hearing was the arresting officer, a State trooper, who also had testified at the initial hearing. In his original decision, the judge found that the officer had shone a spotlight at…