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COMMONWEALTH v. MCDEVITT

No. 01-P-1841.

57 Mass. App. Ct. 733 (2003)

COMMONWEALTH v. JAMES J. MCDEVITT.

Court of Appeals of Massachusetts, Middlesex.

April 7, 2003.

Attorney(s) appearing for the Case

Martin F. Kane, II, for the defendant.

Jane L. Fitzpatrick, Assistant District Attorney, for the Commonwealth.

Present: BECK, GELINAS, & KANTROWITZ, JJ.

KANTROWITZ, J.

May the police validly engage in a "well-being check" on a vehicle stopped in the breakdown lane of a highway when there were previous tips that the same car was driving erratically and the police had already commenced an investigatory search for the car? We hold that when the well-being check arises out of objective circumstances, they may.

Facts. Jeffrey Paul Morrill, a State trooper, found the

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