Commonwealth v. Clark

Massachusetts Supreme Judicial Court

Commonwealth v. Clark

897 N.E.2d 1, 452 Mass. 1022, 2008 Mass. LEXIS 782

CourtMassachusetts Supreme Judicial Court

DecidedNovember 20, 2008

StatusPublished

Cited by2 cases

This text of 897 N.E.2d 1 (Commonwealth v. Clark) 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. Clark, 897 N.E.2d 1, 452 Mass. 1022, 2008 Mass. LEXIS 782 (Mass. 2008).

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Opinion

In Commonwealth v. Briand, 71 Mass. App. Ct. 160 (2008), the Appeals Court reversed a District Court judge’s order allowing motions to suppress filed by the two codefendants, Evan L. Briand and Carrie A. Clark. The court held that a Massachusetts environmental police officer did not effect a seizure in the constitutional sense when he activated white “take down lights” on his vehicle to illuminate the area before approaching a parked automobile occupied by the defendants. We granted an application for further appellate review filed by Clark. Briand did not apply for further review.

Having carefully reviewed the record and the parties’ arguments, we agree with the reasoning of the Appeals Court. The order allowing the motion to suppress is reversed, and the matter is remanded to the District Court for further proceedings.

So ordered.

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In Commonwealth v. Briand, 71 Mass. App. Ct. 160 (2008), the Appeals Court reversed a District Court judge’s order allowing motions to suppress filed by the two codefendants, Evan L. Briand and Carrie A. Clark. The court held that a Massachusetts environmental police officer did not effect a seizure in the constitutional sense when he activated white “take down lights” on his vehicle to illuminate the area before approaching a parked automobile occupied by the defendants. We granted an application for further appellate review filed by Clark. Briand did not apply for further review.

Having carefully reviewed the record and the parties’ arguments, we agree with the reasoning of the Appeals Court. The order allowing the motion to suppress is reversed, and the matter is remanded to the District Court for further proceedings.

So ordered.

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Bluebook (online)

897 N.E.2d 1, 452 Mass. 1022, 2008 Mass. LEXIS 782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-clark-mass-2008.

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