Legal Opinion

Commonwealth v. Clark

Massachusetts Appeals Court

Decided November 2, 2005No. 04-P-1723PublishedCited by 19 opinions

1Opinion of the CourtGraham, J.

After a hearing, a judge of the Superior Court ordered the suppression of certain evidence (drugs and a gun) seized by police in the course of a stop and warrantless search of the defendant’s automobile. The judge determined the police had acted on a hunch, and not with reasonable suspicion, when they decided to stop the defendant’s automobile.

On appeal, the Commonwealth contends that the judge’s *40findings were clearly erroneous and that, even accepting those findings, his order allowing the defendant’s motion to suppress was erroneous. We affirm the judge’s ruling.

Facts. We summarize the…

2Cases cited18 opinions

  1. Commonwealth v. ScottMassachusetts Supreme Judicial Court · 2004
  2. Commonwealth v. GrandisonMassachusetts Supreme Judicial Court · 2001
  3. Commonwealth v. JimenezMassachusetts Supreme Judicial Court · 2002
  4. Commonwealth v. MercadoMassachusetts Supreme Judicial Court · 1996
  5. Commonwealth v. SannaMassachusetts Supreme Judicial Court · 1997

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

3Cited by19 opinions

  1. Commonwealth v. PaganMassachusetts Appeals Court · 2008
  2. Commonwealth v. RamosMassachusetts Appeals Court · 2008
  3. Commonwealth v. PenaMassachusetts Appeals Court · 2007
  4. Commonwealth v. PierreMassachusetts Appeals Court · 2008
  5. Commonwealth v. FreemanMassachusetts Appeals Court · 2015

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

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