mere isolated violation (Massachusetts) · Go Syfert
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mere isolated violation in Massachusetts

5 Massachusetts opinions name it 2 courts 1975–2014 0 in the last five years

The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Commonwealth v. Vynoriusgreen
mass · 1975 · cited in 4 Massachusetts opinions naming this issue, 1985–2014
2 sentences

2014On the other hand, if an affidavit recites activity indicating protracted or continuous conduct, time is of less significance,” quoting Commonwealth v. Veynorious, 369 Mass. 17, 25 (1975)).

1996On the other hand, if an affidavit recites activity indicating protracted or continuous conduct, time is of less significance.” Commonwealth v. Burt, supra at 716 , quoting Commonwealth v. Vynorious, 369 Mass. 17, 25 (1975).

44
Commonwealth v. Burtgreen
mass · 1985 · cited in 3 Massachusetts opinions naming this issue, 1990–2014
2 sentences

2014See Commonwealth v. Matias, 440 Mass. 787, 792 (2004) (trash pull on day of affidavit demonstrated drug dealing activity observed six months before still ongoing); Commonwealth v. Burt, 393 Mass. 703, 716 (1985) (“[W]here an affidavit recites a mere isolated violation then it is not unreasonable to believe that probable cause quickly dwindles with the passage of time.

1990“F) Syringe.” The motion judge, in his findings, essentially credited the above account, additionally finding that the trash bag was three feet from the paved road next to a telephone pole located eight to ten feet from the driveway. 14 We note that, while standing alone, the information relating to the defendant’s activity in March and April would have failed to establish that probable cause existed in October to search the defendant and his premises, in this case “the affidavit described an ongoing criminal operation.” Commonwealth v. Burt, 393 Mass. 703, 716 (1985). “[W]here an affidavit re

23
Leonard Jerome Bastida v. C. Murray Henderson, Warden, La. State Penitentiarygreen
ca5 · 1974 · cited in 2 Massachusetts opinions naming this issue, 1975–1985
2 sentences

1985On the other hand, if an affidavit recites activity indicating protracted or continuous conduct, time is of less significance.” Commonwealth v. Vynorius, 369 Mass. 17, 25 (1975), quoting Bastida v. Henderson, 487 F.2d 860, 864 (5th Cir. 1973).

1975On the other hand, if an affidavit recites activity indicating protracted or continuous conduct, time is of less significance.” Bastida v. Henderson, 487 F.2d 860, 864 (5th Cir. 1973).

22
Commonwealth v. Matiasgreen
mass · 2004 · cited in 1 Massachusetts opinions naming this issue, 2014–2014
1 sentence

2014See Commonwealth v. Matias, 440 Mass. 787, 792 (2004) (trash pull on day of affidavit demonstrated drug dealing activity observed six months before still ongoing); Commonwealth v. Burt, 393 Mass. 703, 716 (1985) (“[W]here an affidavit recites a mere isolated violation then it is not unreasonable to believe that probable cause quickly dwindles with the passage of time.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Where else courts name it

TX 8 (1991–2017) MA 5 (1975–2014) AR 5 (1983–2010) NJ 4 (1976–2025) AL 3 (1977–2004) DE 2 (1977–2024) FL 2 (1980–2013) OH 2 (2008–2009)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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