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Appeals court hears dispute over street stop, search of jacket and whether statements are fruits of an unlawful search
Summary
In Commonwealth v. Frederick Jackson Jr., defense counsel asked the court to reverse denial of a motion to suppress, arguing police exceeded a Terry frisk by searching pockets and a suitcase and that statements made after the search were the fruits of that illegal conduct; Commonwealth contended officers had reasonable grounds based on a report of
The Massachusetts Appeals Court heard argument Oct. 3 in Commonwealth v. Frederick Jackson Jr., an interlocutory appeal of a suppression ruling in a criminal case arising from a street stop.
Defense counsel Charles McGinty argued officers went beyond a lawful Terry stop when they reached into Jackson's jacket and opened his suitcase, and that statements elicited while police were searching were therefore inadmissible as the fruit of an unlawful search. "The officers moved toward his jacket and ultimately toward his luggage and ultimately toward his person''at that point they had no reasonable suspicion to continue," McGinty told the panel.
McGinty said the search escalated at a point he…
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