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Commonwealth v. Alvarez

4/7/1998

and Frisked, 69 Ind. L.J. 659, 660 (1994). Cf. Commonwealth v. Bodden, 11 Mass. App. Ct. 964 (1981).


The unlawful interrogation of Crespo led, as we have described, to the search that produced the cache of cocaine secreted in Molina's car. The defendants, therefore, were entitled to suppression of the fruits of the search. Commonwealth v. Ferrara, 376 Mass. at 505. Commonwealth v. Torres, 424 Mass. at 163. Commonwealth v. Ellsworth, 41 Mass. App. Ct. at 555. Without Crespo's license for comparison, Alvarez's license would have been unremarkable.


Had the motions to suppress been allowed before or during trial, the Commonwealth's case as presented would have lacked essential proof. Accordingly, the defendants' motions for required findings of not guilty must now be allowed and judgments of not guilty must be entered. Commonwealth v. Silva, 366 Mass. 402, 410-411 (1974). The judgments of conviction are reversed, the verdicts are set aside, and judgments shall enter for the defendants.


So ordered.






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