· 9/13/1993
Jenkins v. CHIEF JUSTICE OF THE DISTRICT COURT DEPT.
Citations
- 619 N.E.2d 324
- 416 Mass. 221
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that for purposes of determining probable cause after warrantless arrest, no more than 24-hour time period is needed between arrest and magistrate’s determination of probable cause
- upholding legislature's authority to designate officials other than judges to make post-arrest probable cause determinations so long as the officials have the qualifications set forth in Shadwick
- upholding legislature's authority to designate officials other than judges to make post-arrest probable cause determinations so long as the officials have the qualifications set forth in Shadwick
- describing well-known purpose for adoption of art. 14, and later Fourth Amendment, as prohibiting unchecked control over liberty of people by law enforcement officers through legal devices that were accountable to no person
- describing well-known purpose for adoption of art. 14, and later Fourth Amendment, as prohibiting unchecked control over liberty of people by law enforcement officers through legal devices that were accountable to no person
- requiring \oath or affirmation\ to support post warrantless arrest probable cause determination based on state constitution, and noting that the same constitutional principles governing issuance of warrants govern such determinations (citing Gerstein v. Pugh, supra )
Source: CourtListener parenthetical corpus (CC0).
Judges: Liacos
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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