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COMMONWEALTH v. MORALES

SJC-10982.

462 Mass. 334 (2012)

COMMONWEALTH v. CARLOS MORALES.

Supreme Judicial Court of Massachusetts, Middlesex.

May 29, 2012.

Attorney(s) appearing for the Case

Melissa Weisgold Johnsen, Assistant District Attorney, for the Commonwealth.

Peter M. Onek, Committee for Public Counsel Services, for the defendant.

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

IRELAND, C.J.

The Commonwealth appeals from an order entered in the Superior Court suppressing drugs seized from between the defendant's buttocks pursuant to a search incident to his arrest following a lawful automobile stop. During the search of the defendant, who was lying face down on a sidewalk and whose arms were handcuffed behind his back, the defendant's buttocks were exposed to public view. After an evidentiary hearing...

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