Commonwealth v. Clark

In Commonwealth v. Briand, 71 Mass. App. Ct. 160 (2008), the Appeals Court reversed a District Court judge’s order allowing motions to suppress filed by the two codefendants, Evan L. Briand and Carrie A. Clark. The court held that a Massachusetts environmental police officer did not effect a seizure in the constitutional sense when he activated white “take down lights” on his vehicle to illuminate the area before approaching a parked automobile occupied by the defendants. We granted an application for further appellate review filed by Clark. Briand did not apply for further review.

Having…