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· 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 CourtListener

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.