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Friday, February 8, 2013

Exit Orders

Exit orders should be limited to protective purposes. population
v. Santos, 65 Mass. App. Ct. 122 (2005). However, the
overbearing Judicial Court has recently suggested than an exit order
may be permissible for investigatory purposes. commonwealth v.
Feyenord, 445 Mass. 72 (2005).

[I]n appropriate slew a Terry type search may extend
into the inside of an automobile. Commonwealth v. Almeida,
373 Mass. 266, 270 (1977) (citations omitted).

A disproportionate use of force transforms an former(a)wise permissible
Terry detention into a de facto becharm (requiring probable cause).
Commonwealth v. Bottari, 395 Mass. 777, 782 (1985).

Under Article 14 of the Massachusetts Declaration of Rights, police cannot ask a
driver to step out of a aim vehicle unless there is reasonable suspicion based
upon specific facts that causes the officer to believe that there is danger to the
officer or other officers. Commonwealth v. Rivera, 67 Mass. App. Ct. 362 (2006).

Commonwealth v. Gentile, 437 Mass. 569 (2002). If the police have probable
cause, they ar allowed to seize evidence to prevent its destruction for the short
time indispensable to procure a search warrant for the evidence.

An arrest, with
or without a warrant, requires probable cause.

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It is a much less exacting standard
than that needful to establish guilt. Commonwealth v. ODell, 392 Mass. 445,
451 (1984). The probable cause on which an arrest is made may be predicated
on trustworthy hearsay. Commonwealth v. White, 422 Mass. 487, 496 (1996). The
knowledge of collaborative officers can be pooled in establishing probable
cause. Commonwealth v. Gullick, 386 Mass. 278, 283 (1982).

Commonwealth v. Gant, 51 Mass. App. Ct. 314 (2001). To establish probable
cause to arrest for sale of controlled substances, there is no per se rule that the
officer must see the object exchanged. See also Commonwealth v. McCoy, 59
Mass. App. Ct. 284 (2003) (the observance of a known drug abuser touch on in...If you want to get a full essay, order it on our website: Ordercustompaper.com



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