Commonwealth v. Clark, 897 N.E.2d 1 (Mass. 2008). · Go Syfert
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Commonwealth v. Clark, 897 N.E.2d 1 (Mass. 2008). Cases Citing This Book View Copy Cite
“evidence of a 27 defendant's refusal to comply with a police request may not be admitted because in so refusing a defendant furnishes evidence against himself, and admission of that evidence would violate art. 12”
19 citation events (19 in the last 25 years) across 2 distinct courts.
Strongest positive: Commonwealth v. Pierre (mass, 2020-12-15)
Top citers, strongest first. 7 distinct citers. How cited ↗
examined Cited as authority (quoted) Commonwealth v. Pierre
Mass. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
evidence of a 27 defendant's refusal to comply with a police request may not be admitted because in so refusing a defendant furnishes evidence against himself, and admission of that evidence would violate art. 12
discussed Cited "see" Commonwealth v. Dejan Belnavis
Mass. App. Ct. · 2024 · signal: see · confidence high
See Commonwealth v. Conkey, 443 Mass. 60, 74 (2004), S.C., 452 Mass. 1022 (2008). [3] We need not reach the defendant's arguments concerning the late disclosure of some of the video recordings, as the defendant has now received all of the video recordings well in advance of any possible retrial.
cited Cited "see" COMMONWEALTH v. ELIJAH JUDGE.
Mass. App. Ct. · 2022 · signal: see · confidence high
See Commonwealth v. Briand, 71 Mass. App. Ct. 160, 162-163 , S.C., Commonwealth v. Clark, 452 Mass. 1022 (2008).
cited Cited "see" Commonwealth v. Don
Mass. · 2019 · signal: see · confidence high
See Commonwealth v. Conkey, 443 Mass. 60, 66 (2004), S.C., 452 Mass. 1022 (2008).
cited Cited "see" Commonwealth v. Johnston
Mass. · 2014 · signal: see · confidence high
See Commonwealth v. Conkey, 430 Mass. 139, 141-143 (1999), S.C., 443 Mass. 60 (2004) and 452 Mass. 1022 (2008).
cited Cited "see, e.g." COMMONWEALTH v. RICKY SIN.
Mass. App. Ct. · 2021 · signal: compare · confidence low
Compare Commonwealth v. Conkey, 443 Mass. 60, 68-70 (2004), S.C. 452 Mass. 1022 (2008).
discussed Cited "see, e.g." Commonwealth v. McKoy
Mass. App. Ct. · 2013 · signal: compare · confidence low
Compare Commonwealth v. Smigliano, 427 Mass. 490, 491-492 (1998) (seizure occurred because “a reasonable person, on the activation of a police car’s blue lights, would believe that he or she is not free to leave”), with Commonwealth v. Evans, 436 Mass. 369, 372-373 (2002) (use of blue lights not a seizure when the police are engaged in their “community caretaking function”), and Commonwealth v. Briand, 71 Mass. App. Ct. 160, 162-163 (2008), S.C., Commonwealth v. Clark, 452 Mass. 1022 (2008) (use of a cruiser’s white “take down” lights for the purpose of illumination not a stop …
Retrieving the full opinion text from the archive…
Commonwealth
v.
Carrie A. Clark
Massachusetts Supreme Judicial Court.
Nov 20, 2008.
897 N.E.2d 1
Sarah E. Dolven for the defendant., Judith Ellen Pietras, Assistant District Attorney, for the Commonwealth.
Cited by 2 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 82%
Citer courts: Massachusetts Supreme Judicial… (1)

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.