Legal Opinion

Commonwealth v. Garcia-German

Massachusetts Appeals Court

Decided December 20, 2016No. AC 15-P-947PublishedCited by 2 opinions

1Opinion of the CourtGreen, J.

The Commonwealth appeals from an order by a judge of the District Court allowing the defendant’s motion to suppress evidence seized during a warrantless search of his vehicle while it was parked in a parking lot outside the Plymouth County correctional facility (facility). We conclude that the motion judge correctly ruled that the search was not justified by probable cause, and reject the Commonwealth’s alternative suggestion that the presence of the vehicle on correctional facility grounds, in these circumstances, furnished “special needs” to justify an exception to the warrant requirement,…

2Cases cited22 opinions

  1. South Dakota v. OppermanSupreme Court of the United States · 1976
  2. Commonwealth v. Isaiah I.Massachusetts Supreme Judicial Court · 2007
  3. Commonwealth v. GarciaMassachusetts Supreme Judicial Court · 1991
  4. Commonwealth v. Isaiah I.Massachusetts Supreme Judicial Court · 2008
  5. Commonwealth v. FordMassachusetts Supreme Judicial Court · 1985

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3Cited by2 opinions

  1. COMMONWEALTH v. NATHAN MIZRAHI.Massachusetts Appeals Court · 2022
  2. Commonwealth v. JudgeMassachusetts Appeals Court · 2019

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