COMMONWEALTH v. MATEO-GERMAN

SJC-10126.

453 Mass. 838 (2009)

COMMONWEALTH v. PEDRO MATEO-GERMAN.

Supreme Judicial Court of Massachusetts, Suffolk.

May 21, 2009.


Attorney(s) appearing for the Case

Garrett R. Fregault, Assistant District Attorney (Steven E. Gagne, Assistant District Attorney, with him) for the Commonwealth.

David Keighley for the defendant.

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


COWIN, J.

In this case a dog sniff of a temporarily disabled motor vehicle yielded discovery of heroin and cocaine within the vehicle. We must decide whether a police officer properly engaged in a community caretaking function involving the disabled automobile effected a seizure for constitutional purposes by requesting consent for a canine sniff of the exterior of that motor vehicle.

A judge of the Superior Court...

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