Legal Opinion · Concurrence

Commonwealth v. Harris

Massachusetts Appeals Court

Decided November 5, 2009No. 07-P-1496Published

1ConcurrenceMilkey, J.

We conclude, inter alia, that the *708police did not violate the defendant’s right to place a telephone call. I write separately to note that I join that conclusion only because I believe it is dictated by Commonwealth v. Carey, 26 Mass. App. Ct. 339, 342-343 (1988).

The detective who interrogated the defendant back at the station initially testified that the defendant made no request to exercise his right to make a telephone call. Consistent with that statement, he repeatedly denied trying to delay the defendant from exercising his telephone rights until after the interrogation was over. He…

2Cases cited2 opinions

  1. Commonwealth v. CareyMassachusetts Appeals Court · 1988
  2. Commonwealth v. JacksonMassachusetts Supreme Judicial Court · 2006

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