· 3/9/1993
Commonwealth v. Greenberg
Citations
- 609 N.E.2d 90
- 34 Mass. App. Ct. 197
- 1993 Mass. App. LEXIS 174
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- no due process rights of the defendant violated where police destroyed a jacket after testing revealed no inculpatory evidence and where there was no possible prejudice to the defendant resulting from the missing jacket
- “Whether one who hands his property over to the police at their request voluntarily consents, or merely acquiesces to a claim of lawful authority, presents a question of fact. See Smith, Criminal Practice & Procedure § 252 [1983]”
- “factors suggesting coercion were the defendant’s age, the presence during the questioning at the police station of four police officers, the fact that no one told the defendant he had a right to refuse to hand over the items, and the defendant’s testimony that he thought he had no choice”
Source: CourtListener parenthetical corpus (CC0).
Judges: Smith, Fine, Ireland
Read full opinion on CourtListenerSourced 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.