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Commonwealth v. Huffman

Citations

  • 430 N.E.2d 1190
  • 385 Mass. 122
  • 1982 Mass. LEXIS 1254

How courts have described this case

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

  • no risk of destruction of evidence where marijuana packagers had no reason to believe police were investigating them
  • no exigency where no evidence officers would have been visible when looking into defendant’s apartment window from building across street
  • “We cannot speculate or go outside the record to justify the warrantless entry into a private residence”
  • exigency exists where there is reasonable basis to conclude that evidence will be destroyed or removed before police can obtain search warrant
  • exclusion of defendant’s testimony was erroneous where issue of his intent “was an essential element of the crime charged”
  • no exigent circumstances where “Commonwealth did not offer any evidence as to the time it would take to get a warrant, or indicate that it would be impractical to get one”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hennessey, Wilkins, Liacos, Abrams

Read full opinion on CourtListener

Cited by

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

Cites

17 cases in this archive are cited by this case.

Other cases with this name

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.