Massachusetts Appeals Court· 10/2/2001

Commonwealth v. Holley

Citations

52 Mass. App. Ct. 659
755 N.E.2d 811
2001 Mass. App. LEXIS 929

How courts have described this case

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

ruling that an upward motion toward the visor was not a strong factor in support of a reasonable belief that safety was in issue, pointedly distinguishing it from a downward movement toward the floor which would better support a belief that safety was in issue
\lean[ing] over to the passenger side visor ... cannot be considered as a threatening gesture\
traffic stop taking place in high crime area must be “considered with some caution because many honest, law-abiding citizens live and work in high crime areas”
“This was not a situation where the police were outnumbered by the occupants of a vehicle and therefore could take reasonable precautions . . .”
“[t]he fact that a motorist, when in the process of being stopped, leans over to the passenger side visor, cannot be considered as a threatening gesture”
\ambiguous gesture\ did not create reasonable suspicion to justify patfrisk

Source: CourtListener parenthetical corpus (CC0).

Judges: Smith

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Cited by

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

Cites

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

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