Commonwealth v. Moore

Docket NumberSJC-11857
Decision Date11 January 2016

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19 cases
  • Commonwealth v. Norman
    • United States
    • Supreme Judicial Court of Massachusetts
    • March 17, 2020
    ...but ‘review independently the motion judge's application of constitutional principles to the facts found.’ " Commonwealth v. Moore, 473 Mass. 481, 484, 43 N.E.3d 294 (2016), quoting Commonwealth v. Franklin, 456 Mass. 818, 820, 926 N.E.2d 199 (2010).The defendant argues that the judge's dec......
  • Commonwealth v. Shipps
    • United States
    • Appeals Court of Massachusetts
    • February 7, 2020
    ...cell phone contained pornographic images, the search and seizure were unlawful under the principles of Commonwealth v. Moore, 473 Mass. 481, 487, 43 N.E.3d 294 (2016) (noting that court "decided in LaFrance [, 402 Mass. at 792-793, 525 N.E.2d 379,] that art. 14 guarantees that any condition......
  • Commonwealth v. Feliz
    • United States
    • Supreme Judicial Court of Massachusetts
    • March 26, 2019
    ...expectation of privacy relative to the general population. See Knights, supra at 119-120, 122 S.Ct. 587 ; Commonwealth v. Moore, 473 Mass. 481, 485, 43 N.E.3d 294 (2016).18 The defendant's status as a probationer informs our assessment of both "the degree to which [a search] intrudes upon a......
  • Commonwealth v. Johnson
    • United States
    • Supreme Judicial Court of Massachusetts
    • March 26, 2019
    ...467 Mass. at 242, 4 N.E.3d 846. The defendant's status as a probationer is "salient" to this evaluation. Commonwealth v. Moore, 473 Mass. 481, 485, 43 N.E.3d 294 (2016). See Knights, 534 U.S. at 119, 122 S.Ct. 587. By virtue of being on probation, a probationer is subject to regular governm......
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1 books & journal articles
  • THE ORIGINS AND LEGACY OF THE FOURTH AMENDMENT REASONABLENESS-BALANCING MODEL.
    • United States
    • Case Western Reserve Law Review Vol. 71 No. 1, September 2020
    • September 22, 2020
    ...state had "consistently" allowed searches of probationers' homes supported by only reasonable suspicion). (349.) Commonwealth v. Moore, 43 N.E.3d 294, 300 (Mass. (350.) Id. at 300, 304. (351.) See id. at 300 n.6. (352.) United States v. Scott, 450 F.3d 863, 874 (9th Cir. 2006). But see id. ......