Commonwealth v. Harmond

This case comes before us on an interlocutory appeal by the Commonwealth from the decision of a Superior Court judge allowing the defendant’s motion to suppress a revolver and ammunition discovered and seized during the course of a warrantless search of the defendant’s apartment. See G. L. c. 278, § 28E. After hearing oral testimony from a number of witnesses, the judge made subsidiary findings of fact from which he concluded that the defendant did not voluntarily consent to the search and that it was unlawful. We hold that there was no error.

At approximately 2:30 p.m. on July 3, 1977, Boston…