Opinion

Commonwealth v. Stegemann

  • 68 Mass. App. Ct. 292
  • 862 N.E.2d 381
  • 2007 Mass. App. LEXIS 187
Court
Massachusetts Appeals Court
Filed
Feb 22, 2007
Status
Published
Author
Brown
On the bench
Brown, Laurence
Cited by
11 cases
Authority
More cited than 11.0%

no probable cause because court determined that only rational inference supported by affidavit was that defendant stored drugs at places other than his residence

How later courts described this case

  • no probable cause because court determined that only rational inference supported by affidavit was that defendant stored drugs at places other than his residence
  • presuming juries obey instructions “to base their verdicts solely on the evidence and to exclude emotion or sympathy for either side from their deliberations”
  • no probable cause because court determined only rational inference supported by affidavit was that defendant stored drugs at places other than his residence
  • affiant alleged that defendant stopped at his residence only after making sale

Written by the judges who cited it.

The opinion

Brown, J.

(concurring). Although this is a close case, I believe it falls within the reasoning of a narrow line of cases, see Commonwealth v. O’Day, 440 Mass. 296, 304 (2003) (collecting cases), and is readily distinguishable from the peculiar circumstances presented in Commonwealth v. Eller, 66 Mass. App. Ct. 564, 570-571 (2006).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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