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Commonwealth v. Peters

Citations

  • 453 Mass. 818
  • 905 N.E.2d 1111
  • 2009 Mass. LEXIS 75

How courts have described this case

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

  • finding second protective sweep unreasonable under art. 14 of the Mass. Decl. of Rights where first protective sweep uncovered no evidence of emergency
  • warrantless search of dwelling was unconstitutional after protective sweep eliminated objectively reasonable basis to believe that emergency existed
  • warrantless entry into dwelling requires \objectively reasonable basis for believing\ that \immediate aid\ is required by someone within [citation omitted]
  • warrantless search reasonable following report of audible domestic disturbance in which gunshot was heard and individual subsequently fled scene
  • after entry of premises where gun fired revealed no victim or evidence of imminent danger, a second “protective sweep” required suppression
  • after entry of premises where gun fired revealed no victim or evidence of imminent danger, a second \protective sweep\ required suppression

Source: CourtListener parenthetical corpus (CC0).

Judges: Gants

Read full opinion on CourtListener

Cited by

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

Cites

16 cases in this archive are cited by this case.

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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.