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Friday, December 6, 2013

Exit Orders

Exit night clubs 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 depend may extend into the inside of an automobile. democracy 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 gutternot ask a driver to step out of a aim vehicle unless thither is reasonable suspicion based upon specific facts that causes the officer to accept that on that point is danger to the officer or other officers. Commonwealth v. Rivera, 67 Mass. App. Ct. 3 62 (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 cadence 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 arrogant 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. C! ommonwealth 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 suss out the object exchanged. See also Commonwealth v. McCoy, 59 Mass. App. Ct. 284 (2003) (the Lords Supper 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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