Legal Opinion

Commonwealth v. Windley

Massachusetts Superior Court

Decided November 9, 2012No. SUCR201210186Published

1Opinion of the Court

Leibensperger, Edward P., J.

Defendant is charged with illegal possession of a firearm and other firearm-related offenses. The sum and substance of the Commonwealth’s case is that the firearm was discovered by police upon a search of defendant while in the bedroom of an apartment where his friend resided. Defendant’s motion to suppress contends that the police were in violation of the Fourth and Fourteenth Amendments to the United States Constitution and articles 12 and 14 of the Massachusetts Declaration of Rights by entering the apartment and conducting the search of defendant. Thus, the…

2Cases cited22 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Jones v. United StatesSupreme Court of the United States · 1960
  3. Commonwealth v. FraserMassachusetts Supreme Judicial Court · 1991
  4. Commonwealth v. O'DayMassachusetts Supreme Judicial Court · 2003
  5. Commonwealth v. AmendolaMassachusetts Supreme Judicial Court · 1990

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