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Commonwealth v. Torres

Citations

  • 424 Mass. 792
  • 678 N.E.2d 847
  • 1997 Mass. LEXIS 94

How courts have described this case

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

  • holding police officer’s comments were not interrogation because they were not “anything other than a response to the defendant’s concerns”
  • “the admissibility of statements obtained after an invocation of that right depends on whether the person’s right to cut off questioning was ‘scrupulously honored’ ”
  • no functional equivalent of interrogation where police merely aware of possibility suspect may make incriminating statement
  • police officer’s intent in asking the questions relevant to determining whether questions reasonably likely to elicit an incriminating statement
  • “[t]he ‘ “functional equivalence” test does not turn on the subjective intent of the particular police officer’ ”
  • “the mere fact that a police officer may be aware that there is a ‘possibility’ that a suspect may make an incriminating statement is insufficient to establish the functional equivalent of interrogation”

Source: CourtListener parenthetical corpus (CC0).

Judges: Abrams

Read full opinion on CourtListener

Cited by

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

Cites

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

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.