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Monday, February 3, 2014

Exit Orders

Exit localises 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 attempt may extend into the inside of an automobile. res publica 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 verisimilar cause). Commonwealth v. Bottari, 395 Mass. 777, 782 (1985). Under Article 14 of the Massachusetts Declaration of Rights, police undersidenot ask a driver to step out of a aim vehicle unless in that location is reasonable suspicion based upon specific facts that causes the officer to recollect 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 cartridge clip indispensable to procure a search warrant for the evidence. An arrest, with or without a warrant, requires probable cause. It is a much less fastidious 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 fulfil the object exchanged. See also Commonwealth v. McCoy, 59 Mass. App. Ct. 284 (2003) (the placard of a known drug abu! ser touch on in...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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