Legal Opinion
Commonwealth v. Silva
Massachusetts Appeals Court
Decided April 28, 2004No. 02-P-981PublishedCited by 13 opinions
1Opinion of the CourtBerry, J.
In this case, we reverse the denial of that part of a motion to suppress directed to a warrantless automobile search because both the legal theory advanced and the foundational evidence proffered by the government in support of the police *29officer’s entry into the car to search for ownership records — which are the predicates advanced to support the subsequent plain view seizure of cocaine — were constitutionally deficient.1 In particular, the government’s legal theory and justification for the entry into the automobile to conduct a search for documents rested on an unproved police policy,…
2Cases cited26 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Wong Sun v. United StatesSupreme Court of the United States · 1963
- Coolidge v. New HampshireSupreme Court of the United States · 1971
- Minnesota v. DickersonSupreme Court of the United States · 1993
- Lockhart v. NelsonSupreme Court of the United States · 1988
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3Cited by13 opinions
- Commonwealth v. Jones-PannellMassachusetts Supreme Judicial Court · 2015
- Commonwealth v. McAfeeMassachusetts Appeals Court · 2005
- Commonwealth v. UbilezMassachusetts Appeals Court · 2016
- Commonwealth v. GoncalvesMassachusetts Appeals Court · 2004
- Commonwealth v. DarosaMassachusetts Appeals Court · 2019
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