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452 Mass. 1022

Commonwealth v. Clark

Massachusetts Supreme Judicial Court

Decided November 20, 2008

Massachusetts Supreme Judicial Court · decided 2008-11-20

Cited by 11 later decisions — most recently April 2022

11 state decisions

Relies on Commonwealth v. Briand

Good law ✅— No negative treatment on recordhow we know

Decided 2008-11-20

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¶1In 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.

¶2Having 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.

¶3So ordered.

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