green
Positive treatment
10.2 score
Treatment trajectory · 1977 → 2026 · click a year to view as-of
1977
2001
2026
Top citers, strongest first. 39 distinct citers.
How cited ↗
cited
Cited as authority (rule)
Commonwealth v. Louraine
Commonwealth v. Walker, 370 Mass. 548, 582-583 , cert. denied, 429 U.S. 943 *36 (1976).
discussed
Cited "see"
Commonwealth v. Suters
See generally Grasso & McEvoy, Suppression Matters Under Massachusetts Law § 20-1. 3 Because all three defendants share a surname, we refer to them by their' first names to avoid confusion. 4 The Commonwealth has the burden to establish (1) that consent was given, and (2) that it was voluntary, i.e., “unfettered by coercion, express or implied.” Commonwealth v. Harmond, 376 Mass. 557, 561 (1978), quoting from Commonwealth v. Walker, 370 Mass. 548, 555 , cert. denied, 429 U.S. 943 (1976). 5 The Commonwealth urges us to recognize a broader authority on the part of the police to make warrant…
cited
Cited "see"
Commonwealth v. Matos
See Commonwealth v. Walker, 370 Mass. 548, 556 , cert denied, 429 U.S. 943 (1976). 4 As noted, the motion judge found that the officers saw contraband items on the third floor in plain view.
discussed
Cited "see"
Commonwealth v. Ware
See Commonwealth v. Walker, 370 Mass. 548, 553-554 , cert. denied, 429 U.S. 943 (1976); Commonwealth v. Ortiz, 422 Mass. 64, 70 (1996); Commonwealth v. Sanna, 424 Mass. 92, 97-98 (1997) (defendant’s father, who was owner of house and present at time of police entry, gave valid consent).
discussed
Cited "see"
Commonwealth v. Rogers
See Commonwealth v. Walker, 370 Mass. 548, 554-555 , cert. denied, 429 U.S. 943 (1976), citing Bumper v. North Carolina, supra; Commonwealth v. Sanna, supra at 97 ; Commonwealth v. Aguiar, 370 Mass. 490, 496 (1976).
cited
Cited "see"
Commonwealth v. Kerr
See Commonwealth v. Walker, 370 Mass. 548, 555 , cert, den., 429 U.S. 943 (1976).
discussed
Cited "see"
Commonwealth v. Pagan
See Commonwealth v. Voisine, 414 Mass. 772, 783 (1993), quoting Commonwealth v. Walker, 370 Mass. 548, 555 , cert. denied, 429 U.S. 943 (1976) (valid consent to search must be “something more than mere ‘acquiescence to a claim of lawful authority’ ”).
cited
Cited "see"
Commonwealth v. Melton
See Commonwealth v. Walker, 370 Mass. 548, 570 , cert, denied, 429 U.S. 943 (1976); Commonwealth v. Houghton, 39 Mass. App. Ct. 94, 101 (1995).
cited
Cited "see"
Commonwealth v. Howard
See Commonwealth v. Walker, 370 Mass. 548, 572 , cert, denied, 429 U.S. 943 (1976); Commonwealth v. Borans, 379 Mass. 117, 150-151 (1979).
cited
Cited "see"
Commonwealth v. Jones
See Commonwealth v. Walker, 370 Mass. 548, 564-565 , cert, denied, 429 U.S. 943 (1976).
cited
Cited "see"
Commonwealth v. Capone
See Commonwealth v. Walker, 370 Mass. 548, 568 , cert, denied, 429 U.S. 943 (1976).
cited
Cited "see"
Commonwealth v. Miles
See Commonwealth v. Walker, 370 Mass. 548, 555 , cert, denied, 429 U.S. 943 (1976).
discussed
Cited "see"
Grover v. Commonwealth
See Rodriguez v. Butler, 536 F.2d 982 (2d Cir.), cert. denied, 429 U.S. 943 (1976)(the question of whether an activity is reasonable within the meaning of the fourth amendment is necesarily tied to the particular facts and circumstances of the case); Johnson, 213 Va. at 103 , 189 S.E.2d at 679 .
cited
Cited "see"
Commonwealth v. Matthews
See Commonwealth v. Walker, 370 Mass. 548 , 578 n.22, cert, denied, 429 U.S. 943 (1976).
discussed
Cited "see"
Commonwealth v. Horn
See Commonwealth v. Walker, 370 Mass. 548,572 , cert, denied, 429 U.S. 943 (1976) (no error to exclude questions regarding witness’s motive to seek government favor where his plea agreement with prosecution was recounted to the jury). 2.
discussed
Cited "see"
Commonwealth v. Elliot
(2×)
See Commonwealth v. Walker, 370 Mass. 548, 572 , cert. denied, 429 U.S. 943 (1976) (no error to exclude questions regarding witness's motive to seek government favor where his plea agreement with prosecution was recounted to the jury); Murphy v. Conway, 360 Mass. 746 , 750 n. 3 (1972) (any possible error was harmless because excluded testimony *832 was cumulative, inasmuch as there was other testimony giving the same information); Commonwealth v. Baker, 346 Mass. 107, 120 (1963) (no prejudice to defendant where excluded question had in substance been covered by previous question and answer); C…
cited
Cited "see"
Commonwealth v. King
See Commonwealth v. Walker, 370 Mass. 548, 573 , cert. denied, 429 U.S. 943 (1976); Commonwealth v. Nassar, 354 Mass. 249, 253-254 (1968), cert. denied, 393 U.S. 1039 (1969).
discussed
Cited "see"
Commonwealth v. Boiselle
See Commonwealth v. Walker, 370 Mass. 548, 563-565 , cert. denied, 429 U.S. 943 (1976) (lapse of eight months); Commonwealth v. Correia, supra at 66, 69 (lapse of nearly sixteen months). (g) Other factors.
discussed
Cited "see"
Commonwealth v. Stephens
(2×)
See Commonwealth v. Walker, 370 Mass. 548, 572-573 , cert. denied, 429 U.S. 943 (1976), post-conviction relief granted on other grounds sub nom.
discussed
Cited "see"
Commonwealth v. Brown
(2×)
See Commonwealth v. Walker, 370 Mass. 548, 582-583 , cert. denied, 429 U.S. 943 (1976); Commonwealth v. Kostka, 370 Mass. 516, 537-539 (1976). 3 In Commonwealth v. O’Brien, supra, we declined to grant a new trial to a man who shot his wife, although the Commonwealth presented no expert testimony on criminal responsibility (id. at 781) and there was evidence that, in the weeks prior to the shooting, the defendant underwent a personality change and became concerned about the real and imagined infidelities of his wife (id. at 782).
discussed
Cited "see"
Jonaitis v. State
(2×)
See Walker v. State (1976), 265 Ind. 8 , 349 N.E.2d 161 , cert. den., 429 U.S. 943 , 97 S.Ct. 363 , 50 L.Ed.2d 313 ; Bey v. State (1979), Ind.App., 385 N.E.2d 1153 and the cases therein.
cited
Cited "see"
Commonwealth v. Young
See Commonwealth v. Walker, 370 Mass. 548, 573-574 , cert. denied, 429 U.S. 943 (1976); Commonwealth v. MacDonald (No. 2), 368 Mass. 403, 408-409 (1975).
cited
Cited "see"
Commonwealth v. Hollyer
See Commonwealth v. Walker, 370 Mass. 548, 570-571 , cert, denied, 429 U.S. 943 (1976).
discussed
Cited "see"
Commonwealth v. O'BRIEN
(2×)
also: Cited "see, e.g."
See Commonwealth v. Walker, 370 Mass. 548, 582-583 , cert. denied, 429 U.S. 943 (1976); Commonwealth v. Kostka, 370 Mass. 516, 538-539 (1976).
cited
Cited "see"
Commonwealth v. Caso
See Commonwealth v. Walker, 370 Mass. 548 , 558 n.6, cert. denied, 429 U.S. 943 (1976); Commonwealth v. White (No. 3), 365 Mass. 312, 315 (1974), cert. denied, 419 U.S. 1111 (1975).
cited
Cited "see"
Commonwealth v. Davis
See Commonwealth v. Walker, 370 Mass. 548, 568-569 , cert. denied, 429 U.S. 943 (1976).
discussed
Cited "see"
Commonwealth v. Ellison
See Commonwealth v. Richards, 363 Mass. 299, 306-307 (1973). 2 On the latter point, a brief was submitted by the Massachusetts Association of Criminal Defense Lawyers as a friend of the court. 3 This incident is more fully described in the appeal of Terrell Walker’s conviction, Commonwealth v. Walker, 370 Mass. 548 , cert. denied, 429 U.S. 943 (1976). 4 There was no agreement about recommendations on the armed robbery charges except that the prosecution would take into account the cooperation given.
cited
Cited "see"
Commonwealth v. Fazio
See Commonwealth v. Walker, 370 Mass. 548, 570 , cert. denied 429 U.S. 943 (1976).
cited
Cited "see"
Commonwealth v. Hoffer
See Commonwealth v. Walker, 370 Mass. 548, 570-571 , cert. denied, 429 U.S. 943 (1976). 4.
discussed
Cited "see, e.g."
Commonwealth v. Saywahn
Compare Commonwealth v. Walker, 370 Mass. 548, 552, 556-557 , cert. denied, 429 U.S. 943 (1976) (officers heard noises and saw individual peering from window); DeJesus, 70 Mass. App. Ct. at 115-116 (officers saw two women in living room and learned that defendant's father was upstairs and another person was in cellar).
discussed
Cited "see, e.g."
Commonwealth v. Murphy
See also Commonwealth v. Walker, 370 Mass. 548, 557 , cert. denied, 429 U.S. 943 (1976) (evidence inadvertently coming into view during arrest may be seized without search warrant); Commonwealth v. Cruz, 53 Mass. App. Ct. 24, 35 (2001) (same).
discussed
Cited "see, e.g."
Commonwealth v. Dubois
Compare Commonwealth v. Walker, 370 Mass. 548, 556-558 , cert. denied, 429 U.S. 943 (1976) (concluding that, in light of what the police observed and learned immediately on entering the apartment, they were justified in entering the bedroom to search for a person for the safety of themselves and the occupants of the apartment); Commonwealth v. Bowden, 379 Mass. 472, 478 (1980) (finding that a security check was reasonably believed to be necessary by the police to ensure their personal safety).
discussed
Cited "see, e.g."
Ex Parte Payne
Land v. State , 678 So.2d 201 (Ala.Cr.App. 1995) (holding that warrantless search of appellant's vehicle was valid because the police had probable cause to believe that appellant had committed the crime, and the vehicle's inherent mobility was a sufficiently exigent circumstance); see also Johnson v. State , 554 P.2d 51 (Okla.Crim.App. 1976), cert. denied, 429 U.S. 943 , 97 S.Ct. 364 , 50 L.Ed.2d 314 (1976) (holding that immediate warrantless search of the trunk of defendant's automobile was proper, because the police believed the kidnapped victim was in there and were acting 'in hopes of savi…
discussed
Cited "see, e.g."
Payne v. State
Land v. State , 678 So.2d 201 (Ala.Cr.App. 1995) (holding that warrantless search of appellant's vehicle was valid because the police had probable cause to believe that appellant had committed the crime, and the vehicle's inherent *Page 454 mobility was a sufficiently exigent circumstance); see also Johnson v. State , 554 P.2d 51 (Okla.Crim.App. 1976), cert. denied, 429 U.S. 943 , 97 S.Ct. 364 , 50 L.Ed.2d 314 (1976) (holding that immediate warrantless search of the trunk of defendant's automobile was proper, because the police believed the kidnapped victim was in there and were acting "in hop…
cited
Cited "see, e.g."
Commonwealth v. Piedra
Compare Commonwealth v. Walker, 370 Mass. 548, 572 , cert, denied, 429 U.S. 943 (1976), and cases cited.
discussed
Cited "see, e.g."
Commonwealth v. Genius
Compare Commonwealth v. Laliberty, 373 Mass. 238, 246-247 (1977), Blaisdell v. Commonwealth, 372 Mass. 753, 765 (1977), and Commonwealth v. Walker, 370 Mass. 548, 581 , cert. denied, 429 U.S. 943 (1976) (charge required), with Com *698 monwealth v. Mattson, 377 Mass. 638, 644 (1979), and Commonwealth v. McInerney, 373 Mass. 136, 151-153 (1977) (no charge required).
discussed
Cited "see, e.g."
King v. State
(2×)
See also Walker v. State (1976), 265 Ind. 8 , 349 N.E.2d 161 , cert. den. 429 U.S. 943 , 97 S.Ct. 363 , 50 L.Ed.2d 313 .
cited
Cited "see, e.g."
Commonwealth v. Chavis
Compare Commonwealth v. Walker, 370 Mass. 548, 564-565 , cert. denied, 429 U.S. 943 (1976).
discussed
Cited "see, e.g."
Commonwealth v. Hogan
See, e.g., Commonwealth v. Walker, 370 Mass. 548, 572 , cert. denied 429 U.S. 943 (1976); Commonwealth v. Franklin, 376 Mass. at 904-905 (1978) ; Commonwealth v. Dougan, 377 Mass. at 310 (1979) ; Commonwealth v. Dominico, 1 Mass. App. Ct. 693, 713-714 (1974).
Retrieving the full opinion text from the archive…
Teague
v.
California
v.
California
No. 76-5393.
Supreme Court of the United States.
Nov 8, 1976.
Published
Ct. App. Cal., 3d App. Dist. Certiorari denied.