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Commonwealth v. Garcia

Citations

  • 614 N.E.2d 1031
  • 34 Mass. App. Ct. 645
  • 1993 Mass. App. LEXIS 668

How courts have described this case

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

  • plain view observation of empty plastic baggie on rear floor of vehicle did not provide probable cause to search interior
  • plain view observation of empty plastic baggie on rear floor of vehicle did not provide probable cause to search interior
  • “[A] search is not to be made legal by what it turns up,” quoting from United States v. Di Re, 332 U.S. 581, 595 [1948]
  • “Here there was no evidence from the trooper that there was some characteristic of this baggie itself, that would have indicated it was being used for an illegal purpose.”
  • plain view observation of empty plastic baggie on rear floor of vehicle did not provide probable cause to search interior
  • trooper's experience and empty baggie not enough to provide probable cause to conduct a warrantless search of the automobile

Source: CourtListener parenthetical corpus (CC0).

Judges: Kass, Smith, Ireland

Read full opinion on CourtListener

Cited by

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

Cites

14 cases in this archive are cited by this case.

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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.