Legal Opinion
Commonwealth v. Ferrara
Massachusetts Supreme Judicial Court
Decided September 29, 1978PublishedCited by 74 opinions
1Opinion of the CourtBraucher, J.
In a defendant’s interlocutory appeal pursuant to G. L. c. 278, § 28E, we are asked to review the constitutionality of a stop of the automobile he was driving and of the ensuing search. Following Commonwealth v. McCleery, 345 Mass. 151, 153 (1962), we hold that, once the driver produced a valid license and registration, the police had no authority to order the passengers out of the car. In the circumstances, it follows that the defendant’s motion to suppress the evidence discovered as a result of that order should have been granted.
The defendant was charged with several crimes, and he moved…
2Cases cited10 opinions
- Pennsylvania v. MimmsSupreme Court of the United States · 1977
- Commonwealth v. SilvaMassachusetts Supreme Judicial Court · 1974
- Commonwealth v. AlmeidaMassachusetts Supreme Judicial Court · 1977
- Commonwealth v. SpoffordMassachusetts Supreme Judicial Court · 1962
- Commonwealth v. CavanaughMassachusetts Supreme Judicial Court · 1974
5 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- Commonwealth v. GonsalvesMassachusetts Supreme Judicial Court · 1999
- Commonwealth v. SantanaMassachusetts Supreme Judicial Court · 1995
- Commonwealth v. ThibeauMassachusetts Supreme Judicial Court · 1981
- Commonwealth v. KingMassachusetts Supreme Judicial Court · 1983
- Commonwealth v. MosesMassachusetts Supreme Judicial Court · 1990
69 more not listed; retrieve them via the Exa API.