Legal Opinion

Commonwealth v. Pierre

Massachusetts Appeals Court

Decided September 12, 2008No. 06-P-1329PublishedCited by 8 opinions

1Opinion of the CourtRapoza, C.J.

The defendant appeals his convictions for carrying a firearm without a license, in violation of G. L. c. 269, § 10(a), and possession of a firearm without a firearm identification card, in violation of G. L. c. 269, § 10(A).1 He argues that the District Court judge erred in denying his motion to suppress the firearm that served as the basis of these convictions. Because *581we conclude that the search that led to the discovery of the firearm does not constitute a search incident to arrest, we reverse.

Background. The following is a summary of facts as found by the motion judge, supplemented by…

2Cases cited23 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Chimel v. CaliforniaSupreme Court of the United States · 1969
  3. United States v. RobinsonSupreme Court of the United States · 1973
  4. New York v. BeltonSupreme Court of the United States · 1981
  5. United States v. ChadwickSupreme Court of the United States · 1977

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3Cited by8 opinions

  1. Commonwealth v. JohnsonMassachusetts Appeals Court · 2012
  2. Commonwealth v. BerryMassachusetts Supreme Judicial Court · 2012
  3. Commonwealth v. PierreMassachusetts Supreme Judicial Court · 2009
  4. Commonwealth v. Vanya V.Massachusetts Appeals Court · 2009
  5. Commonwealth v. HollowayMassachusetts Appeals Court · 2012

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

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