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Commonwealth v. Caterino

Citations

  • 583 N.E.2d 259
  • 31 Mass. App. Ct. 685
  • 1991 Mass. App. LEXIS 864

How courts have described this case

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

  • evidence that defendant had $735 in his possession, was present, and had knowledge of drugs stored in apartment insufficient to establish constructive possession
  • evidence that person “spent a great deal of time at” or “exercised control over the apartment or its contents” could be sufficient to prove constructive possession
  • by-law provision conditioning grant of permit on maintaining visual character of neighborhood created protected interest in plaintiff
  • evidence insufficient where defendant in possession of pager arrested along with two others fleeing from apartment where drugs found concealed; and no evidence that defendant “rented, occupied, spent a great deal of time at or exercised control over the apartment or its contents”
  • mere presence insufficient to obtain conviction under constructive possession theory

Source: CourtListener parenthetical corpus (CC0).

Judges: Warner, Fine, Greenberg

Read full opinion on CourtListener

Cited by

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

Cites

14 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.