(Download) "Commonwealth v. John F. Tomeo" by Supreme Judicial Court of Massachusetts ~ eBook PDF Kindle ePub Free
eBook details
- Title: Commonwealth v. John F. Tomeo
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 14, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
There was no error in a Judge's denial of a defendant's pretrial motion to suppress as evidence a .38 caliber revolver seized from him after he had been taken into protective custody pursuant to G. L. c. 11B, § 8, subjected to a pat-down search, and arrested for carrying a firearm without a license where a police officer, having had ample reason to conclude that the defendant was intoxicated and that he was about to drive away in his automobile, was entitled to place the defendant in protective custody and where, a second officer, having observed an object protruding from under the defendant's belt, could have reasonably concluded that the officers' safety justified their pat-down search of the defendant. [24-25] The defendant was convicted by a jury in the Superior Court in Essex County of carrying a firearm without a license in violation of G. L. c. 269, § 10 (a) (1984 ed.). The defendant appeals, claiming error only as to the denial of his motion to suppress the weapon. We transferred the case to this court on our own motion, and we affirm.