COMMONWEALTH v. GONCALVES-MENDEZ

SJC-12743.

484 Mass. 80 (2020)

COMMONWEALTH, v. WILSON GONCALVES-MENDEZ.

Supreme Judicial Court of Massachusetts, Suffolk.

February 3, 2020.


Attorney(s) appearing for the Case

Julianne Campbell , Assistant District Attorney, for the Commonwealth.

Patrick Levin , Committee for Public Counsel Services, for the defendant.

Chauncey B. Wood , Matthew R. Segal , Jessica Lewis , & Jessie Rossman , for American Civil Liberties Union of Massachusetts & another, amici curiae, submitted a brief.

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


The police properly stopped the defendant driver for a motor vehicle violation and arrested him on an outstanding warrant. The officers ascertained that the sole passenger was a duly licensed and otherwise qualified driver. Rather than inquire of the defendant as to whether he preferred to have...

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