Legal Opinion

Commonwealth v. Carter

Massachusetts Appeals Court

Decided August 14, 2018No. 17-P-676Published

1Opinion of the Court

The defendant appeals from her conviction, after a jury trial, of receiving stolen property valued at over $250, G. L. c. 266, § 60. She argues that a judge erred in denying her motion to suppress evidence obtained through a warrantless search of her purse. We agree and conclude that her conviction must be reversed.

Background. We recite the relevant facts as found by the motion judge, supplemented where necessary by uncontroverted police testimony that the judge implicitly credited.2 See Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007), S.C., 450 Mass. 818 (2008).

In December, 2015, a…

2Cases cited26 opinions

  1. Brewer v. WilliamsSupreme Court of the United States · 1977
  2. Commonwealth v. HaasMassachusetts Supreme Judicial Court · 1977
  3. Commonwealth v. WalkerMassachusetts Supreme Judicial Court · 1976
  4. Commonwealth v. Isaiah I.Massachusetts Supreme Judicial Court · 2007
  5. Commonwealth v. TyreeMassachusetts Supreme Judicial Court · 2010

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