COMMONWEALTH v. ORTIZ

SJC-12273.

478 Mass. 820 (2018)

COMMONWEALTH v. ANTHONY C. ORTIZ.

Supreme Judicial Court of Massachusetts, Hampden.

February 12, 2018.


Attorney(s) appearing for the Case

Cynthia Cullen Payne , Assistant District Attorney ( Bethany Lynch , Assistant District Attorney, also present) for the Commonwealth.

Patrick Levin , Committee for Public Counsel Services, for the defendant.

Present (Sitting at Greenfield): GANTS, C.J., LENK, GAZIANO, LOWY, BUDD, CYPHER, & KAFKER, JJ.


In this case we must decide whether a driver's consent to allow the police to search for narcotics or firearms "in the vehicle" authorizes a police officer to search under the hood of the vehicle and, as part of that search, to remove the vehicle's air filter. We hold that it does not. A typical reasonable person would understand the...

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