Commonwealth v. DiMatteo

In perpetrating the crimes of which they stand convicted — larceny, 2 unlawful possession of a firearm, 3 armed robbery 4 and unlawful carrying of a firearm 5 — the defendants laid less than cunning plans. They arrived and left the scene of the crime, during daylight, in a silver Buick convertible automobile with the top down. It is hardly surprising that the police were able to catch the defendants within minutes of the robbery.

1. Lawfulness of the Automobile Search.

As a threshold issue, the defendants appeal from the refusal of a Superior Court judge to suppress a brown suede handbag which…