Massachusetts Appeals Court· 5/9/2005

Commonwealth v. McAfee

Citations

63 Mass. App. Ct. 467
827 N.E.2d 224
2005 Mass. App. LEXIS 435

How courts have described this case

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

emphasizing “the complete absence of evidence of a risk that the defendant had discovered or been informed of the police investigation or the detention of his recent customer”
noting the absence of a United States Supreme Court opinion on point and discussing how the Massachusetts case law was consistent with that of the United States Court of Appeals for the First Circuit
officer’s creation of exigency by approaching defendant’s door impermissible, especially in light of their four-day delay in seeking warrant
police may search residence, even without a warrant, if both probable cause and exigent circumstances exist
handgun would inevitably have been discovered by search warrant for cocaine and related paraphernalia because it was stored on same floor as cocaine and it was of same approximate size as items being sought under warrant

Source: CourtListener parenthetical corpus (CC0).

Judges: Doerfer

Read full opinion on CourtListener

Cited by

14 cases in this archive cite this case.

Cites

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

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