COMMONWEALTH v. KIMBALL

No. 93-P-1194.

37 Mass. App. Ct. 604 (1994)

641 N.E.2d 1066

COMMONWEALTH vs. WILLIAM J. KIMBALL.

Appeals Court of Massachusetts, Worcester.

November 9, 1994.


Attorney(s) appearing for the Case

Peter M. Onek, Committee for Public Counsel Services, for the defendant.

James P. McKenna, Assistant District Attorney, for the Commonwealth.

Present: BROWN, KASS, & FINE, JJ.


KASS, J.

This much is common ground: the defendant's Pontiac automobile, which Trooper Daniel J. Viel stopped on Interstate Highway 84 at 11:15 A.M. on December 27, 1991, was a disreputable looking jalopy. The car was, however, proceeding within the speed limit and was not, according to the record, found in violation of any law relating to traffic or the roadworthiness of motor vehicles. That a car is a junk heap is not of itself a sufficient reason for a stop. We...

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