COMMONWEALTH v. EGGLESTON

SJC-10233

453 Mass. 554 (2009)

COMMONWEALTH v. WILLIAM B. EGGLESTON.

Supreme Judicial Court of Massachusetts, Berkshire.

April 10, 2009.


Attorney(s) appearing for the Case

Wendy H. Sibbison for the defendant.

Karen L. Carlo, Assistant District Attorney, for the Commonwealth.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, & BOTSFORD, JJ.


COWIN, J.

"[W]hen an automobile is stopped in a public place with probable cause, no more exigent circumstances are required by art. 14 [of the Massachusetts Declaration of Rights] beyond the inherent mobility of an automobile itself to justify a warrantless search of the vehicle." Commonwealth v. Motta, 424 Mass. 117, 124 (1997). In this case, we conclude that this principle applies even when the police had ample...

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