Commonwealth v. Nunez

Introduction

The defendant has been indicted on charges of distributing a Class B controlled substance (second offense) and distributing a Class B controlled substance in a school zone. He has moved to suppress evidence seized by members of the Lynn Police Department after a warrantless entry into his home on November 28,1995. The Court heard evidence on the motion on June 4, 1996. The following constitute the Court’s findings of fact, rulings of law and order on the motion.

Findings of Fact

On November 28, 1995, Officer Paul Holey worked a 5:00 p.m. — 1:00 a.m. shift as a plain clothes member…