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Commonwealth v. Carter

Citations

  • 424 Mass. 409
  • 676 N.E.2d 841
  • 1997 Mass. LEXIS 63

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • discussing very limited exception to general requirement that each defendant have an expectation of privacy in the place searched
  • rejecting defendant's \automatic standing\ argument and noting that \it would be more than inappropriate to permit a person fleeing from the police to rely on art. 14 [of the Massachusetts Constitution] to suppress evidence that he left on some third person's property\
  • rejecting defendant’s “automatic standing” argument and noting that “it would be more than inappropriate to permit a person fleeing from the police to rely on art. 14 [of the Massachusetts Constitution] to suppress evidence that he left on some third person’s property”
  • under art. 14, defendant has burden of establishing that search in constitutional sense took place
  • defendant has the burden of establishing that the government has intruded on his or her reasonable expectation of privacy, thus establishing that a search has taken place
  • defendant and confederate treated as one for purpose of determining reasonable expectation of privacy, otherwise the person who carried the contraband might go free while confederate would not

Source: CourtListener parenthetical corpus (CC0).

Judges: Wilkins

Read full opinion on CourtListener

Cited by

38 cases in this archive cite this case; the 20 most cited are listed.

Cites

8 cases in this archive are cited by this case.

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