Commonwealth v. Cox

The defendant was charged under G. L. c. 90, § 24, with operating while under the influence of intoxicating liquor. He filed a motion to suppress evidence obtained during a motor vehicle stop, claiming that the stop leading to his arrest was not justified by reasonable suspicion. After conducting an evidentiary hearing, a District Court judge allowed the motion. Thereafter the Commonwealth was given leave by a single justice of the Supreme Judicial Court to proceed with this interlocutory appeal.

1. Basis for decision below. Although the motion judge did not make comprehensive findings of…