Legal Opinion

Commonwealth v. Martinez

Massachusetts Superior Court

Decided March 22, 2007No. 0616Published

1Opinion of the Court

Lu, John T., J.

INTRODUCTION

The defendant, Rafael Martinez (Martinez), moves to suppress cocaine, heroin, and cash recovered from his pocket, as well as cash retrieved from the center console of his car, by Massachusetts State Police on December 6, 2005. The court conducted an eviden-tiary hearing on January 22, 2007, at which state police trooper Jay Conant (Conant) testified.

Finding that police had probable cause to search Martinez, the court denies the motion to suppress as to the cocaine, heroin, and cash found on Martinez. Finding that police lacked probable cause to search the car, the…

2Cases cited52 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Katz v. United StatesSupreme Court of the United States · 1967
  3. Chimel v. CaliforniaSupreme Court of the United States · 1969
  4. Spinelli v. United StatesSupreme Court of the United States · 1969
  5. United States v. MendenhallSupreme Court of the United States · 1980

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