Legal Opinion · Dissent

Commonwealth v. Moore

Massachusetts Supreme Judicial Court

Decided January 11, 2016No. SJC 11857Published

1DissentHines, J.

(dissenting, with whom Duffly, J., joins). I agree with the court’s ruling that a parole officer may conduct a warrantless *492search of a parolee’s home based on reasonable suspicion that the search will reveal evidence that the parolee has violated, or is about to violate, a condition of his or her parole. I do not agree, however, with the court’s application of that principle to this case. Even assuming the corroboration of the anonymous tip that the defendant was selling drugs in New Bedford, the totality of the information known to the police at the time of the search does not establish…

2Cases cited12 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Commonwealth v. SilvaMassachusetts Supreme Judicial Court · 1974
  3. Commonwealth v. GrandisonMassachusetts Supreme Judicial Court · 2001
  4. Commonwealth v. CinelliMassachusetts Supreme Judicial Court · 1983
  5. Commonwealth v. ThibeauMassachusetts Supreme Judicial Court · 1981

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