Legal Opinion

Commonwealth v. Ortiz

Massachusetts Supreme Judicial Court

Decided February 12, 2018No. SJC 12273PublishedCited by 4 opinions

1Opinion of the CourtGants, C.J.

In this case we must decide whether a driver's consent to allow the police to search for narcotics or firearms "in the vehicle" authorizes a police officer to search under the hood of the vehicle and, as part of that search, to remove the vehicle's air filter. We hold that it does not. A typical reasonable person would understand the scope of such consent to be limited to a search of the interior of the vehicle, including the trunk. Because the police here exceeded this scope by searching under the hood and removing the air filter, and because the search was not otherwise supported by…

2Cases cited29 opinions

  1. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  2. Bumper v. North CarolinaSupreme Court of the United States · 1968
  3. Michigan v. MosleySupreme Court of the United States · 1975
  4. Davis v. United StatesSupreme Court of the United States · 1994
  5. Florida v. JimenoSupreme Court of the United States · 1991

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

3Cited by4 opinions

  1. Commonwealth v. DennisMassachusetts Appeals Court · 2019
  2. Commonwealth v. FencherMassachusetts Appeals Court · 2019
  3. Commonwealth v. Francisco F.Massachusetts Appeals Court · 2019
  4. Commonwealth v. Kao LanoisMassachusetts Superior Court · 2025

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