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COMMONWEALTH v. BETTENCOURT

447 Mass. 631 (2006)

COMMONWEALTH v. VAL BETTENCOURT.

Supreme Judicial Court of Massachusetts, Bristol.

November 7, 2006.

Attorney(s) appearing for the Case

Jason C. Howard for the defendant.

Tara L. Blackman, Assistant District Attorney, for the Commonwealth.

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

COWIN, J.

On September 9, 2002, the defendant was arrested on outstanding warrants. As he was pat frisked, several small plastic baggies allegedly containing cocaine fell from his clothing. Based on this evidence, the defendant was indicted for trafficking in cocaine, fourteen grams or more, see G. L. c. 94C, § 32E (b) (1). The defendant's motion to suppress the cocaine found during the patfrisk was allowed by a judge in the Superior Court. A single justice...

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