464 Mass. 566 - Appellant Montoya Brief - Mass Cases

Drug Within A School Zone contrary to G.L. c.
94C, §32J; under Count Four with Conspiracy To Violate
The Drug contrary to G.L. c. 94C, §40. Record
Appendix At Eight To Eleven. 1
On July 6, 2007, the defendant filed a motion to
suppress with a supporting memorandum of law and
affidavit, RA 11-20, so two separate motions to
dismiss. The motion to ss was based upon lack
of probable cause for ndant's arrest and the
\1
{' involuntary nature of certain statements that the f
defendant made at the Police Barracks. O:[1e· of
the motions to dismiss was an ck on the integrity
of the grand jury based upon v. 0' Dell
392 Mass. 445 (1984). The other to dismiss was
based upon the insufficiency of t e before
the grand jury. See
Mass. 160 (1982). An evidentiary ri was held on
the motion to suppress on December '10 11, 2007,
1 References to the Record Appendix are r
abbreviated. For example, a reference to Page Nine Of
The Record Appendix will appear as RA 9.
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