Legal Opinion

Commonwealth v. Rivera

Massachusetts Appeals Court

Decided September 21, 1992No. 91 -P-1299PublishedCited by 36 opinions

1Opinion of the CourtKass, J.

Very aptly, the defendant has identified the question to be decided as whether a State trooper’s claimed concern for his safety was objectively reasonable in light of the whole picture at the time he frisk-searched the defendant. See United States v. Cortez, 449 U.S. 411, 417 (1981); Commonwealth v. Fraser, 410 Mass. 541, 545 (1991). That pat frisk led to the discovery of some 804 packets of heroin (46.3 grams) and a buck knife. The defendant Rivera appeals from a denial of his motion to suppress the evidence seized in the warrantless search. After trial, a jury returned a verdict of guilty…

2Cases cited12 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Wong Sun v. United StatesSupreme Court of the United States · 1963
  3. United States v. CortezSupreme Court of the United States · 1981
  4. Commonwealth v. SilvaMassachusetts Supreme Judicial Court · 1974
  5. Commonwealth v. Colon-CruzMassachusetts Supreme Judicial Court · 1990

7 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. Commonwealth v. GonsalvesMassachusetts Supreme Judicial Court · 1999
  2. Commonwealth v. StampleyMassachusetts Supreme Judicial Court · 2002
  3. Commonwealth v. SweezeyMassachusetts Appeals Court · 2000
  4. Commonwealth v. BartlettMassachusetts Appeals Court · 1996
  5. Commonwealth v. CiaramitaroMassachusetts Appeals Court · 2001

31 more not listed; retrieve them via the Exa API.

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