395 Mass. 1003 | Mass. | 1985
The defendant, convicted of possession of a controlled substance with intent to distribute, challenges in this appeal on Federal constitutional grounds only the May 18, 1981, warrantless search of closed, opaque containers in the trunk of the motor vehicle he was operating when he was stopped by police officers. The defendant raises no State constitutional question and does not challenge the implied finding of the judge, who denied his motion to suppress the evidence, that the police had probable cause to stop the motor vehicle and look in the trunk.
The defendant argues that, because in a ruling made on May 26, 1982, the motion judge initially suppressed the evidence on the basis of Robbins v. California, 453 U.S. 420 (1981), decided July 1, 1981 (warrantless search of closed, opaque containers in trunk of vehicle lawfully stopped, unconstitutional), the judge should not have changed his ruling, on motion of the Commonwealth,
Judgment affirmed.