Massachusetts Supreme Judicial Court· 5/29/2012

Commonwealth v. Morales

Citations

462 Mass. 334
968 N.E.2d 403
2012 WL 1889428
2012 Mass. LEXIS 463

How courts have described this case

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

“Concerning the place where such a search is conducted, courts have indicated that, in order to preserve a detainee’s privacy, a private room is preferable”
officer’s action of lifting back defendant’s waistband to retrieve bag of drugs from his buttocks, thus publicly exposing his buttocks, constituted strip search
no exigent circumstances where defendant was handcuffed face down on sidewalk surrounded by four officers and officers knew object in defendant's shorts was not weapon
compliance with written policy concerning when and how to conduct visual body cavity search and strip search is factor in determining reasonableness of search
“Whether a person of the same gender conducts the search should be given consideration”
“For a visual body cavity search and a strip search to be constitutional under the Fourth Amendment [to the United States Constitution] and art. 14 [of the Massachusetts Declaration of Rights], such searches also must be reasonably conducted”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cordy, Ireland

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11 cases in this archive cite this case.

Cites

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