Legal Opinion

Commonwealth v. Emerton

Massachusetts Appeals Court

Decided October 31, 2018No. AC 17-P-771Published

1Opinion of the CourtAgnes, J.

The defendant, Robert S. Emerton, was charged with operating a vehicle while under the influence of alcohol (OUI), fourth offense, after he was arrested at a sobriety checkpoint on Soldiers Field Road in the Brighton section of Boston. On October 11, 2016, the defendant filed a motion to suppress evidence, arguing that the roadblock was not carried out in accordance with constitutional requirements. A judge of the Brighton Division of the Boston Municipal Court Department allowed the defendant's motion to suppress, reasoning that the roadblock was unlawful because there was insufficient data…

2Cases cited11 opinions

  1. Commonwealth v. McGeogheganMassachusetts Supreme Judicial Court · 1983
  2. Commonwealth v. TrumbleMassachusetts Supreme Judicial Court · 1985
  3. Commonwealth v. ShieldsMassachusetts Supreme Judicial Court · 1988
  4. Commonwealth v. AndersonMassachusetts Supreme Judicial Court · 1989
  5. Commonwealth v. OcasioMassachusetts Supreme Judicial Court · 2001

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