Massachusetts Appeals Court· 4/28/2004

Commonwealth v. Silva

Citations

807 N.E.2d 170
61 Mass. App. Ct. 28
2004 Mass. App. LEXIS 441

How courts have described this case

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

outlining requirements of plain view doctrine: lawful vantage point; immediately apparent incriminating character; and inadvertent discovery
suppression required where Commonwealth did not introduce sufficient evidence as to policies allowing police to search motor vehicle for ownership information prior to towing
written police department policy for searching vehicle must still comply with constitutional strictures because \entry and search of a car to obtain documents therein is still a warrantless search\
\We are not aware of any legal precedent ... that would hold constitutionally supportable ... a police policy for automobile entries and searches to gather ownership documents precedent to towing of a car ....\
\a handcuffed suspect locked inside a patrol car poses little risk of attack\
Lantigua \involv[ed] a Terry -type search of a car\

Source: CourtListener parenthetical corpus (CC0).

Judges: Mason, Brown, Berry

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12 cases in this archive cite this case.

Cites

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

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