Commonwealth v. Rosenthal

Following a jury-waived trial, a judge of the Superior Court found the defendant guilty of possession of a class B substance with intent to distribute. G. L. c. 94C, § 32A(a).1 The defendant appeals, claiming error in the denial of his pretrial motion to suppress cocaine found on his person. *708We reverse the judgment because we agree that the evidence was obtained during the course of a search initiated on the pretext that it was an administrative inspection, when the sole object of the investigation was to uncover evidence of illegality and there were no other circumstances justifying the…