2/26/2023 0 Comments Edwin rivera![]() ![]() O'Connor, an experienced narcotics officer, as was Ryan, recognized the baggie at a distance as a type regularly used to contain and carry smaller packets of cocaine and heroin. It contained a number of packets evidently of drugs (and later confirmed as such): ten silver packets of cocaine, four yellows of cocaine, seven grays of heroin, and one rainbow of heroin. He left the car, grabbed the defendant, and reached into the defendant's pants and drew the baggie from the crotch area. O'Connor pulled up the car next to the men. O'Connor and the defendant made "eye contact." The defendant, then, in one movement, commencing to turn his back, plunged the baggie inside the front of his pants. The baggie was in O'Connor's clear view, but at that distance he could not see its contents through the plastic. At a distance estimated as about twenty yards from the defendant, O'Connor saw him holding a plastic baggie in his hand at chest level. The defendant was facing the car as it approached. O'Connor, the driver, spotted at his right the defendant and two other men standing on the sidewalk at the point. The point had been at the New Vista location for three or four months its location would change from time to time, in part to thwart or slow arrests by the police. At that date the particular location, centering at 1-7 New Vista Lane, near an intersection with Constitution Avenue, was known to the police as "the point," that is, a specific place of high drug activity, where cocaine and heroin could readily be obtained at any hour of the day or night. About 9:00 A.M., October 7, 1985, a sunny morning, O'Connor and Officer Paul Ryan, also of the vice squad, both in plainclothes, were driving on patrol in an unmarked car on New Vista Lane in the Great Brook Valley area of Worcester. The facts found, supplemented by details from the transcript of the hearing on the motion, were these. The defendant did not cross-examine or offer evidence on his own behalf. He appeals, claiming error in the refusal to suppress.Įvidence at the pretrial hearing consisted of the testimony of Officer Daniel O'Connor, a member of the vice squad of the The defendant stood trial, jury waived, and was convicted of the offenses. The motion was heard and denied with findings, ruling, and order. Indicted on two counts of possession of controlled substances, cocaine and heroin, with intent to distribute, the defendant Rivera moved before trial to suppress these narcotics found on his person at the time of his arrest. McMahon, Assistant District Attorney, for the Commonwealth. ![]() Jane Larmon White, Committee for Public Counsel Services, for the defendant. Mulkern, J., and the case were heard by Gerald F. INDICTMENTS found and returned in the Superior Court Department on January 15, 1986.Ī pretrial motion to suppress evidence was heard by Robert V. Identifiable as used in illicit drug traffic, which the defendantĪttempted to conceal in his trousers in an evasive reaction to his Trafficking, in possession of a "baggie," a type of container reasonably Investigators in a place known to be of high incidence of drug Substances seized from his person by police, the CommonwealthĮstablished that there was probable cause for the arrest and search withĮvidence that the defendant had been observed by experienced Present: GREANEY, C.J., KAPLAN, & ARMSTRONG, JJ.Īt the hearing on a criminal defendant's motion to suppress controlled ![]()
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