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Commonwealth v. DeJesus

Citations

  • 439 Mass. 616
  • 790 N.E.2d 231
  • 2003 Mass. LEXIS 456

How courts have described this case

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

  • officers impounding property without warrant must “have probable cause to search the impounded property at the time the impounding is imposed” [citation omitted]
  • for nonconsensual entry to be valid, there “must be probable cause and there must be exigent circumstances”
  • where improper information was removed from search warrant application, remainder of affidavit sufficient to establish probable cause to search
  • warrantless entry impermissible “in the absence of specific information supporting an objectively reasonable belief that evidence will indeed be removed or destroyed unless preventative measures are taken”
  • \A reasonable belief as to the potential loss or destruction of evidence may create exigent circumstances permitting a warrantless search and seizure of evidence\
  • remand for further suppression proceedings unnecessary where defendant claimed no connection between discovery of evidence during unlawful entry and later application for warrant

Source: CourtListener parenthetical corpus (CC0).

Judges: Greaney

Read full opinion on CourtListener

Cited by

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

Cites

39 cases in this archive are cited by this case; the 20 most cited are listed.

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.