Legal Opinion
Commonwealth v. McDevitt
Massachusetts Appeals Court
Decided April 7, 2003No. 01-P-1841PublishedCited by 5 opinions
1Opinion of the CourtKantrowitz, J.
May the police validly engage in a “well-being check” on a vehicle stopped in the breakdown lane of a highway when there were previous tips that the same car was driving erratically and the police had already commenced an investigatory search for the car? We hold that when the well-being check arises out of objective circumstances, they may.
Facts. Jeffrey Paul Morrill, a State trooper, found the *734defendant, James J. McDevitt, at approximately 10:30 p.m. on June 17, 2001, sitting in his car in the breakdown lane of the Massachusetts Turnpike with the motor running and headlights on. Through an…
2Cases cited13 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Aguilar v. TexasSupreme Court of the United States · 1964
- Spinelli v. United StatesSupreme Court of the United States · 1969
- Cady v. DombrowskiSupreme Court of the United States · 1973
- Commonwealth v. LyonsMassachusetts Supreme Judicial Court · 1990
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Commonwealth v. HenleyMassachusetts Appeals Court · 2005
- Commonwealth v. KnowlesMassachusetts Supreme Judicial Court · 2008
- Commonwealth v. RodriquezMassachusetts Appeals Court · 2007
- Commonwealth v. AmanMassachusetts Superior Court · 2006
- Commonwealth v. GaylardoMassachusetts Appeals Court · 2007