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COMMONWEALTH v. SPAGNOLO

17 Mass. App. Ct. 516 (1984)

459 N.E.2d 1256

COMMONWEALTH vs. ANTHONY SPAGNOLO (and three companion cases).

Appeals Court of Massachusetts, Suffolk.

February 17, 1984.

Attorney(s) appearing for the Case

Thomas J. Mundy, Jr., Assistant District Attorney, for the Commonwealth.

Henry D. Katz for the defendants.

Present: BROWN, GREANEY, & WARNER, JJ.

BROWN, J.

Each defendant was indicted on two counts of unlawfully carrying a firearm under his control in a motor vehicle. The weapons in question were seized as a result of a warrantless search. A judge of the Superior Court allowed the defendant's motions to suppress the evidence. In allowing the motions to suppress, the judge concluded that the Commonwealth had not shown a "sufficient foundation for a suspicion...

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