Legal Opinion

Commonwealth v. Ayala

Massachusetts Superior Court

Decided February 18, 2009No. BRCR0801008Published

1Opinion of the Court

Macdonald, D. Lloyd, J.

Before the Court is the defendant’s motion to suppress drugs and evidence seized from the defendant’s vehicle and from his person following his arrest. For the reasons stated below, the motion is DENIED.

Findings of Fact

The Court heard testimony from three police officers. The Court found each of them credible.

Detective Sergeant Robert Aguiar (“Aguiar”) of the New Bedford Police narcotics unit was on routine patrol in the early evening of August 4, 2008 and drove his unmarked vehicle into the parking lot of CVS adjacent to the junction of Route 6 and Route 140 in the…

2Cases cited11 opinions

  1. Rakas v. IllinoisSupreme Court of the United States · 1979
  2. Commonwealth v. SilvaMassachusetts Supreme Judicial Court · 1974
  3. Commonwealth v. GrandisonMassachusetts Supreme Judicial Court · 2001
  4. Commonwealth v. MercadoMassachusetts Supreme Judicial Court · 1996
  5. Commonwealth v. MottaMassachusetts Supreme Judicial Court · 1997

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