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Mass. Supremes: Consent to Search in Vehicle Did Not Extend to Engine
by Richard Resch
The Supreme Judicial Court of Massachusetts held that consent to search inside a vehicle does not authorize the police to search under the hood of the vehicle.
On January 23, 2015, two police officers conducted a traffic stop of a vehicle for loud music. There were two ...
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More from this issue:
- Indigent Defense in America: An Affront to Justice, by Christopher Zoukis
- News in Brief
- Mississippi Supreme Court Caps Attorney’s Fees in Wrongful Conviction Cases at 25%
- West Virginia Supremes: Previous Nonviolent Crimes, Life Sentence Unconstitutional, by Dale Chappell
- Fourth Circuit: No Qualified Immunity for Deputies in Shooting of Armed Suspect, by Dale Chappell
- California Court of Appeal Holds State Must Prove Stolen Car’s Value for Felony Theft of Vehicle Conviction, by Dale Chappell
- Don't Take a Genetic Test Without Reading This First
- “Get Out of Jail” Free Cards for Cops’ Family, Friends Cut, by Christopher Zoukis
- Even Prosecutors Can’t Get Secret List of L.A. Cops With Credibility Problems, by Dale Chappell
- Sixth Circuit: Sentence Enhancement Inapplicable, Sales of Guns and Drugs Separate, by Dale Chappell
- Philly Decriminalizes Possession of Small Amounts of Marijuana, by Christopher Zoukis
- Magistrate Judge: Change Rule of Evidence That Allows Prior Conviction to Impeach Witness, by Derek Gilna
- New York Court of Appeals: Defendant Denied Right to Speedy Trial After 6-Year Delay, by Richard Resch
- Texas Supremes: Possession of Gun Does Not Constitute “Use” Under Forfeiture Statute, by Dale Chappell
- Mass. Supremes: Consent to Search in Vehicle Did Not Extend to Engine, by Richard Resch
- Gang Enhancement: California Court Reverses Denial of Motion for New Trial, by Derek Gilna
- $900,000 to Octogenarian Tased by Police
- Fired New Orleans Cops Just Move to Other Departments, by Dale Chappell
- U.S. Supreme Court: Guilty Plea No Bar to Defendant Challenging Constitutionality, by Richard Resch
- Washington Supremes: Former Prisoner Can Take Bar, by Derek Gilna
- Illinois Supremes: Barring Firearms Within 1,000 Feet of Parks Facially Unconstitutional, by Richard Resch
- Lack of Criminal Intent: Missouri Supreme Acquits on Drug Possession Charge, by Suzanne Bring
- Cops Killed 100 Times More Americans Than Terrorists Did in 2017, by Christopher Zoukis
- $275,000 to Man Arrested for Recording Police
- 7 Years Pre-Trial Incarceration: Vacated Convictions
- Pennsylvania Supreme Court: Police Emergency Lights Next to Parked Car Constitute Seizure, by Dale Chappell
- California Supreme: “Beyond a Reasonable Doubt” Standard for Second Strike, by Edward Lyon
- Not Disclosed: NSA-Obtained Evidence, by Derek Gilna
- Video: A Two-Edged Sword, by Michael Avery
- $4.8 Million Settles Kansas City Police Shooting, by Matthew Clarke
- Pennsylvania Supremes: Modified “Vertical” Approach to Collective Knowledge Doctrine, by Richard Resch
- Defense Fails to Present Diminished Capacity, Ninth Circuit Vacates Murder Convictions, by Christopher Zoukis
- Kansas Supremes: No Lifetime Post-Release Supervision, by Derek Gilna
- Mass. Disciplines Prosecutors: No More Business as Usual, by Derek Gilna
- Miranda Violation: 9th Circuit Reverses Murder Conviction, by Christopher Zoukis
- Law Enforcement Scrambles to Hide Stingray Use, by Derek Gilna
- Officer-Involved Shooting Data? Hard to Find!, by Christopher Zoukis
- Defendant’s Right to Testify Violated: Hawaii Supreme Vacates Conviction, by Norma Gonzalez
- Georgia Attempts to Limit Access to Official State Law, by Derek Gilna
- Sheriff Wanted Medical Examiner to Alter Reports, by Dale Chappell
- Witness Misidentification: Ohio Man’s 14 Convictions Vacated, by Mark Wilson
- Texas: Retroactive Application of Law That Decriminalized Specific Conduct Not Violation of Separation of Powers, by Dale Chappell
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- $ Millions to Settle Philly Police Misconduct Cases, by Derek Gilna
- Fight Mass Incarceration? There’s an App for That, by Derek Gilna
More from Richard Resch:
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- From the Editor, Dec. 15, 2024
- New York Court of Appeals Overturns Harvey Weinstein’s Convictions Based on Trial Court Rulings That Admitted Prejudicial ‘Prior Bad Acts’ Into Evidence and Violated His Right to Testify in His Own Defense, June 15, 2024
- SCOTUS: Reiterates Jury Verdict of Acquittal for Any Reason Bars Retrial Under Double Jeopardy Clause of Fifth Amendment, May 15, 2024
- Fourth Circuit: Defendant Entitled to Discovery and Evidentiary Hearing on § 2255 Petition to Withdraw Guilty Plea Because It Was Not Knowingly and Voluntarily Made, March 15, 2024
- New York Court of Appeals Announces Traffic Stop of Bicyclist Is Seizure Under Both Fourth Amendment and State Constitution Requiring Reasonable Suspicion of Crime or Probable Cause of Traffic Violation, March 15, 2024
- First Circuit Announces It Has Authority to Raise Claim of Error Sua Sponte for Violation of ‘Mandate Rule’ by Sentenc-ing Court on Remand, Jan. 15, 2024
- Texas Court of Criminal Appeals Clarifies Application of ‘Estoppel’ in Plea Bargain Context and Holds Trial Court Lacked Jurisdiction to Revoke Community Supervision After Statutory Term Expired, Dec. 15, 2023
- Seventh Circuit Announces Procedures for Addressing ‘Facially Questionable Warrant’ Due to ‘Material Handwritten Alterations’ Unsigned or Initialed by Issuing Judge, Dec. 15, 2023
- Colorado Supreme Court Announces ‘Self-Serving Hearsay’ Statements Introduced Under Rule of Completeness Not Hearsay and Do Not Render Defendant Impeachable, Nov. 1, 2023
More from these topics:
- Illinois Supreme Court Announces Odor of Burnt Cannabis Alone Is Insufficient to Establish Probable Cause for a Warrantless Vehicle Search, Feb. 1, 2025. Vehicle Searches, Probable/Proximate Cause, Warrantless Searches, Marijuana Laws/Issues.
- California Court of Appeal: Defendant’s Conversation With Officers Not Consensual Based on Officers’ Positioning and Manner of Approaching Legally Parked Vehicle so Evidence Obtained Resulting From Conversation Must Be Suppressed, Aug. 15, 2024. Vehicle Searches, Consensual Encounters, Suppression, Miranda.
- Sixth Circuit: Plain View Doctrine Does Not Apply Where Items Inside Vehicle Were Not Immediately and Apparently Incriminating When Viewed by Police Positioned Outside Vehicle, March 15, 2023. Vehicle Searches, Police, Searches - Plain View.
- Fifth Circuit: ‘Nonsubstantial Overcrowding’ of Vehicle Used in Transporting Illegal Aliens Insufficient for Imposition of Sentencing Enhancement Under Guidelines § 2L1.1(b)(6), Jan. 15, 2023. Vehicle Searches, Immigration Law/Offenses, Sentence Enhancements/Departures.
- Pennsylvania Supreme Court Announces Smell of Marijuana Alone No Longer Establishes Probable Cause to Conduct Warrantless Vehicle Search, May 15, 2022. Vehicle Searches, Warrantless Searches, Marijuana Laws/Issues.
- North Dakota Supreme Court Suppresses Evidence Found in Passenger’s Backpack Located Outside Vehicle When Drug-Detection Dog Alerted to Presence of Drugs Inside Vehicle, March 15, 2022. Vehicle Searches, Drug-Sniffing Dog, Motions To Suppress.
- Idaho Supreme Court Announces Whether a Container Is Located Inside or Outside Vehicle When Probable Cause Arises Determines if Container May Be Searched Under Automobile Exception, Joining Conclusion of Several Other States, Jan. 15, 2022. Vehicle Searches, Probable/Proximate Cause.
- Pennsylvania Supreme Court Announces Driver Who Leaves Scene of Accident Subject to Only One Hit-and-Run Violation, Regardless of How Many Victims, Jan. 15, 2022. Vehicle Searches.
- Ninth Circuit Announces Police Inserting Key in Car Door to Determine Vehicle Ownership Constitutes Search Overruling Circuit Precedent, April 15, 2021. Vehicle Searches, Warrantless Searches.
- Pennsylvania Supreme Court Announces Departure From SCOTUS’ Vehicle Exception to Warrant Requirement, Commonwealth’s Constitution Provides Greater Protections, March 15, 2021. Vehicle Searches, Warrantless Searches.