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[Download] "Commonwealth v. Patrick L. Irwin" by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free

Commonwealth v. Patrick L. Irwin

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eBook details

  • Title: Commonwealth v. Patrick L. Irwin
  • Author : Supreme Judicial Court of Massachusetts
  • Release Date : January 07, 1984
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 68 KB

Description

Evidence that while a police officer was conversing with the occupants of a motor vehicle stopped in a highway breakdown lane he observed a closed translucent container on the rear seat of the vehicle, that the officer was trained in the identification of marihuana, and that marihuana was pressed against the lid of the container in such a way that the officer could, without opening the container, see the color and shape of the contents with sufficient clarity to identify them as marihuana, even though at the time of the suppression hearing the contents could not be seen clearly through the lid, warranted the finding that the officer had probable cause to believe that the container contained contraband. [768-770] Where a police officer was able to see the color and shape of the contents of a translucent container he observed on the rear seat of a motor vehicle, and, as a result, had probable cause to believe the container held contraband, art. 14 of the Massachusetts Declaration of Rights did not require that a warrant be obtained before a search of the container could lawfully be made. [768, 770-771]


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