Commonwealth v. Kolodziej

The defendant, Steven Kolodziej, appeals from convictions of operating a motor vehicle while under the influence of intoxicating liquor (subsequent offense) and receiving stolen property (a license plate). He claims that the motion judge erred in denying his motion to suppress, arguing that the initial seizure of his automobile was unlawful and that all evidence flowing from that event should have been excluded from evidence at trial. The motion judge, after hearing, concluded that the initial seizure of the defendant’s vehicle was *200not supported by probable cause, but that the defendant’s…