365 Mass. 631 | Mass. | 1974
This case is here on the defendant’s exception to the refusal of the Superior Court judge to allow a motion to suppress certain drugs. The defendant argues that there was no probable cause for the search and seizure which resulted in the discovery and seizure of the drugs by the police. There was error. The evidence was as follows. Policemen were on patrol in a cruiser when they noticed a group of twelve white, male teenagers in an open space with the defendant apparently as the center of attention. The officers then observed the group disperse when an on-foot patrolman entered the area. As the defendant and another youth started to walk by the cruiser, the officers “observed . . . [defendant] turning his back toward . . . [the patrolman on foot], make a motion to his waist and attempt to walk by the cruiser.” One of the officers called out to the defendant whom he had known for a previous arrest for breaking and entering and for possession of LSD. The defendant responded, “I’m clean this time,” and “spread his hands out.” The officer patted down the defendant and found a marihuana cigarette in the defendant’s dungaree jacket pocket and with further search he found a vial of amphetamines. The officer testified that
Exceptions sustained.