Legal Opinion

Commonwealth v. Harkess

Massachusetts Appeals Court

Decided December 16, 1993No. 93-P-489PublishedCited by 13 opinions

1Opinion of the CourtKaplan, J.

Upon a six member jury trial in District Court, the defendant was convicted of the crimes of unlawfully carrying a firearm (G. L. c. 269, § 10[<z]) and unlawful possession of ammunition (G. L. c. 269, § 10[Zt]). He appeals and claims that the judge erred in failing to suppress the physical evidence and also a statement made to the police.

Gerald Bailey, a Boston police officer assigned for three years past to Area B2, Roxbury, was the sole witness on the motion to suppress. The facts as reconstructed ran thus.

On October 11, 1991, about 3:00 a.m., Bailey and his partner, Officer Bernard Green,…

2Cases cited16 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. United States v. MendenhallSupreme Court of the United States · 1980
  3. Rhode Island v. InnisSupreme Court of the United States · 1980
  4. California v. Hodari D.Supreme Court of the United States · 1991
  5. State v. OquendoSupreme Court of Connecticut · 1992

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

3Cited by13 opinions

  1. Commonwealth v. WilliamsMassachusetts Supreme Judicial Court · 1996
  2. Commonwealth v. GrinkleyMassachusetts Appeals Court · 1997
  3. Commonwealth v. Van CaoMassachusetts Supreme Judicial Court · 1995
  4. Commonwealth v. MartinMassachusetts Supreme Judicial Court · 2014
  5. Commonwealth v. FisherMassachusetts Appeals Court · 2002

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

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