Commonwealth v. Alabarces

Massachusetts Supreme Judicial Court

Commonwealth v. Alabarces

434 N.E.2d 205, 385 Mass. 1012, 1982 Mass. LEXIS 1379

CourtMassachusetts Supreme Judicial Court

DecidedApril 13, 1982

StatusPublished

This text of 434 N.E.2d 205 (Commonwealth v. Alabarces) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Alabarces, 434 N.E.2d 205, 385 Mass. 1012, 1982 Mass. LEXIS 1379 (Mass. 1982).

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Opinion

The sole issue in this case is the existence, vel non, of probable cause to believe that the defendant was committing or had committed an offense which would authorize the police to arrest him without a warrant (see Commonwealth v. Bowden, 379 Mass. 472, 476-477 [1980]), and to conduct a search incidental to the arrest. See Wong Sun v. United States, 371 U.S. 471, 479 (1963). We agree with the analysis and conclusion of the Appeals Court (Commonwealth v. Alabarces, 12 Mass. App. Ct. 958 [1981]) that there was no probable cause for the arrest and hence, no legitimate basis for the search incidental to the arrest.

Judgment reversed.

Verdict set aside.

Judgment for the defendant.

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The sole issue in this case is the existence, vel non, of probable cause to believe that the defendant was committing or had committed an offense which would authorize the police to arrest him without a warrant (see Commonwealth v. Bowden, 379 Mass. 472, 476-477 [1980]), and to conduct a search incidental to the arrest. See Wong Sun v. United States, 371 U.S. 471, 479 (1963). We agree with the analysis and conclusion of the Appeals Court (Commonwealth v. Alabarces, 12 Mass. App. Ct. 958 [1981]) that there was no probable cause for the arrest and hence, no legitimate basis for the search incidental to the arrest.

Judgment reversed.

Verdict set aside.

Judgment for the defendant.

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Bluebook (online)

434 N.E.2d 205, 385 Mass. 1012, 1982 Mass. LEXIS 1379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-alabarces-mass-1982.

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