Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Commonwealth v. Depiero

Appeals Court of Massachusetts, Middlesex

February 19, 2015

Commonwealth
v.
John C . Depiero

Argued: January 10, 2014

Complaint received and sworn to in the Cambridge Division of the District Court Department on August 11, 2011.

A pretrial motion to suppress evidence was heard by Antoinette E. McLean Leoney, J., and the case was heard by Joseph W. Jennings, III, J.

Judgment affirmed.

Jane D. Prince ( Randy S. Chapman with her) for the defendant.

Radu Brestyan, Assistant District Attorney, for the Commonwealth.

Present: Kantrowitz, Vuono, & Sullivan, JJ.

OPINION

Vuono, J.

[25 N.E.3d 897] Following a jury-waived trial, the defendant was convicted of operating a motor vehicle while under the influence of alcohol (second offense). On appeal, he principally contends that the motion judge erred in denying his motion to suppress evidence obtained during what he claims was an unlawful investi-

Page 106

gatory stop of his automobile.[1] The stop was prompted by an anonymous telephone call concerning a " drunk" driver. We conclude that the motion to suppress was properly denied and we affirm the judgment.[2]

Facts.[3]

At approximately 2:00 a.m. on August 11, 2011, an unidentified man made [25 N.E.3d 898] a 911 telephone call which was received by a State police emergency operator in Framingham. After informing the caller that the 911 line is recorded, the operator asked the caller, " [W]hat is your emergency?" The caller replied, " ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.