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Commonwealth v. McCarthy

Citations

  • 428 Mass. 871
  • 705 N.E.2d 1110
  • 1999 Mass. LEXIS 37

How courts have described this case

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

  • noting that regular and intended use for tenant parking does not give rise to curtilage designation
  • recommending that police seeking to search both apartment and vehicle request \separate warrant\ for vehicle rather than rely on expectation that vehicle would be located within curtilage
  • parking space within shared parking lot in multi-unit apartment complex not part of apartment’s curtilage
  • search of apartment tenant’s automobile is outside the scope of a search warrant authorizing the search of his apartment, but not his automobile
  • “Because the defendant had no reasonable expectation of privacy in the visitor’s parking space, the space was not within the curtilage of the defendant’s apartment.”
  • proximate to a single family home, enclosed by a privacy fence, reasonably shielded from the view of neighbors or the public

Source: CourtListener parenthetical corpus (CC0).

Judges: Ireland

Read full opinion on CourtListener

Cited by

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

Cites

13 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.