Commonwealth v. Yusuf
| Docket Number | SJC-12989 |
| Decision Date | 10 September 2021 |
The Supreme Judicial Court vacated and set aside the order of the superior court judge denying Defendant's motion to suppress the fruits of a search of Defendant's home, holding that the warrantless investigatory review of the video footage taken from use of a body-worn camera that was unrelated to the domestic disturbance call in this case was unconstitutional
As he responded to a call about a domestic disturbance at Defendant's home, a police officer, who was equipped with a body-worn...
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9 cases
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Commonwealth v. Perry
...and when an individual is in constitutionally sensitive areas, such as the home or a place of worship. See Commonwealth v. Yusuf, 488 Mass. 379, 386, 173 N.E.3d 378 (2021), quoting Caniglia v. Strom, ––– U.S. ––––, 141 S. Ct. 1596, 1599, 209 L.Ed.2d 604 (2021) ("The very core of [the consti......
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Gallagher v. S. Shore Hosp., Inc.
...§§ 15 - 24. At the same time, the interior of the home is "the most sacred, constitutionally protected area," Commonwealth v. Yusuf, 488 Mass. 379, 380, 173 N.E.3d 378 (2021), and individuals in the Commonwealth have "a right to forego [medical] treatment" and "a strong interest in being fr......
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Commonwealth v. Du
...Although a surreptitious recording may in certain circumstances be suppressed under art. 14, see, e.g., Commonwealth v. Yusuf, 488 Mass. 379, 393-394, 173 N.E.3d 378 (2021) ; Commonwealth v. Blood, 400 Mass. 61, 77, 507 N.E.2d 1029 (1987), as well as under the wiretap statute, the two avenu......
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Commonwealth v. Ploude
...1121 (2018). We also "conduct an independent review of [the judge's] ultimate findings and conclusions of law." Commonwealth v. Yusuf, 488 Mass. 379, 385, 173 N.E.3d 378 (2021), quoting Commonwealth v. Almonor, 482 Mass. 35, 40, 120 N.E.3d 1183 (2019). The defendant does not contend that an......
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1 books & journal articles
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Searches of the home
...call at defendant’s home, is unconstitutional, as that review resulted in an additional invasion of privacy. Commonwealth v. Yusuf , 173 N.E. 3d 378 (Mass. 2021). In Yusuf , the officer was at the home legally to investigate a domestic violence incident. When the police later conducted a wa......