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COMMONWEALTH v. LIMONE

SJC-10804.

460 Mass. 834 (2011)

COMMONWEALTH v. JOSEPH LIMONE.

Supreme Judicial Court of Massachusetts, Middlesex.

November 18, 2011.

Attorney(s) appearing for the Case

Kevin J. Curtin, Assistant District Attorney (Patricia Gould, Assistant District Attorney, with him) for the Commonwealth.

Robert H. D'Auria for the defendant.

John M. Collins & John Ansbach for Massachusetts Chiefs of Police Association, Inc., & another, amici curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, & GANTS, JJ.

SPINA, J.

The defendant Joseph Limone was indicted for operating while under the influence of intoxicating liquor (OUI) (seventh or subsequent offense), operating with a license suspended for a prior OUI, and operating with a revoked license, following an encounter with an off-duty Somerville police officer in the city of Woburn. He moved to suppress all evidence obtained as a result of the Woburn encounter, on the ground...

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