Legal Opinion

Commonwealth v. Bernard

Massachusetts Superior Court

Decided August 2, 2011No. 20101175Published

1Opinion of the Court

Kern, Leila R., J.

Defendant was indicted in November of 2010 on the charge of Trafficking in Cocaine over 14 grams. Defendant now moves to suppress the physical evidence obtained by police when they searched the defendant’s apartment. The basis for defendant’s motion is that the police conducted a warrantless search, unsupported by probable cause, which violates the defendant’s rights against unreasonable searches and seizures under the Fourth and Fourteenth Amendments to the United States Constitution and Articles XII and XTV of the Massachusetts Declaration of Rights. For the reasons…

2Cases cited25 opinions

  1. Wong Sun v. United StatesSupreme Court of the United States · 1963
  2. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  3. Jones v. United StatesSupreme Court of the United States · 1960
  4. Draper v. United StatesSupreme Court of the United States · 1959
  5. Florida v. J. L.Supreme Court of the United States · 2000

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