Massachusetts Appeals Court· 4/27/1993

Commonwealth v. Garcia

Citations

612 N.E.2d 674
34 Mass. App. Ct. 386
1993 Mass. App. LEXIS 425

How courts have described this case

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

declining to grant standing where charges against defendant alleged distribution of narcotics, and not possession
District Court properly dismissed count alleging conspiracy to violate controlled substance laws for lack of jurisdiction
the court declined to grant standing to the defendant when the charges alleged distribution and not possession
after defendant’s arrest, his mailbox was not under his immediate control and warrantless search of area was unjustified, whether or not defendant was standing close to mailbox
“At that stage of the transaction the defendant’s interest is in the sale process — not the drugs”; “once possession or a claim of right to possession of the contraband ends, so does standing to contest the search”
seller of drugs has no right to challenge search of buyer

Source: CourtListener parenthetical corpus (CC0).

Judges: Kass, Jacobs, Greenberg

Read full opinion on CourtListener

Cited by

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

Cites

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

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