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COMMONWEALTH v. HORTON

No. 03-P-1544.

63 Mass. App. Ct. 571 (2005)

COMMONWEALTH v. MARTEL HORTON (and a companion case).

Appeals Court of Massachusetts, Suffolk.

May 20, 2005.

Attorney(s) appearing for the Case

David H. Mirsky for Martel Horton.

Richard N. Foley for Fedly Jean-Charles.

Hallie White Speight (Joseph M. Ditkoff, Assistant District Attorney, with her) for the Commonwealth.

Present: Greenberg, Duffly, & Green, JJ.

GREENBERG, J.

Once again, we consider the constitutional limits on police when they order a driver or passenger of a motor vehicle, stopped for a motor vehicle violation, to leave the vehicle. See Pennsylvania v. Mimms, 434 U.S. 106, 109-111 (1977), which established that in a routine stop a police officer may order the driver out of a lawfully stopped vehicle as a matter of course. Contrast Commonwealth v. Gonsalves...

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