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COMMONWEALTH v. BUCKLEY

SJC-12344.

478 Mass. 861 (2018)

COMMONWEALTH v. ROGELIO R. BUCKLEY.

Supreme Judicial Court of Massachusetts, Plymouth.

February 14, 2018.

Attorney(s) appearing for the Case

Matthew Malm for the defendant.

Mary E. Lee , Assistant District Attorney, for the Commonwealth.

The following submitted briefs for amici curiae:

Ivan Espinoza-Madrigal , of New York, Oren M. Sellstrom , & Oren N. Nimni , for Lawyers' Committee for Civil Rights and Economic Justice & others.,

Rebecca Kiley , Committee for Public Counsel Services, & Derege B. Demissie , for Committee for Public Counsel Services & another.,

Jeff Goldman , Vanessa M. Brown , Matthew R. Segal , Rahsaan D. Hall , Jessie J. Rossman , & Carlton E. Williams for American Civil Liberties Union of Massachusetts.,

Daniel F. Conley , District Attorney, & John P. Zanini , Cailin M. Campbell , & David D. McGowan , Assistant District Attorneys, for District Attorney for the Suffolk District.

Present: GANTS, C.J., LENK, GAZIANO, LOWY, BUDD, CYPHER, & KAFKER, JJ.

In this appeal we are asked to reconsider one tenet of our search and seizure jurisprudence: that a traffic stop constitutes a "reasonable" "seizure" for purposes of art. 14 of the Massachusetts Declaration of Rights where a police officer has observed a traffic violation, notwithstanding the officer's underlying motive for conducting...

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