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COMMONWEALTH v. PROPHETE

443 Mass. 548 (2005)

COMMONWEALTH v. STEVEN PROPHETE.

Supreme Judicial Court of Massachusetts, Middlesex.

March 1, 2005.

Attorney(s) appearing for the Case

David W. Cunis, Assistant District Attorney, for the Commonwealth.

Thomas J. Freda (Charles F. Jordan with him) for the defendant.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

GREANEY, J.

The Commonwealth appeals from an order entered in the Superior Court suppressing cocaine and marijuana seized by the police during a search of the defendant's person. The drugs fell to the ground when the defendant complied with an order by the police to remove his pants. After an evidentiary hearing, the judge entered a memorandum of decision and order in which she ruled that the drugs must be suppressed because...

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