considers several factors (Massachusetts) · Go Syfert
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considers several factors in Massachusetts

12 Massachusetts opinions name it 3 courts 2001–2023 3 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 (7)

CaseFollowedCited
Commonwealth v. Groomegreen
mass · 2001 · cited in 11 Massachusetts opinions naming this issue, 2002–2023
2 sentences

2023Commonwealth v. Damiano, 422 Mass. 10, 13 (1996).4 4 In the context of whether a police officer had "seized" the defendant, for which reasonable suspicion of criminal conduct is required, the Supreme Judicial Court observed that "because civilians rarely feel 'free to leave' a police encounter," Commonwealth v. Matta, 483 Mass. 357 , 360 (2019), "the more pertinent question is whether an officer has, through 11 In a myriad of cases assessing custody, "the court considers several factors: (1) the place of the interrogation; (2) whether the officers have conveyed to the person being questioned a

2023In assessing custody, "the court considers several factors: (1) the place of the interrogation; (2) whether the officers have conveyed to the person being questioned any belief or opinion that that person is a suspect; (3) the nature of the interrogation, including whether the interview was aggressive or, instead, informal and influenced in its contours by the person being interviewed; and (4) whether, at the time the incriminating statement was made, the person was free to end the interview by leaving the locus of the interrogation or by asking the interrogator to leave, as evidenced by wheth

511
Commonwealth v. Bookmangreen
mass · 1982 · cited in 2 Massachusetts opinions naming this issue, 2005–2012
2 sentences

2012Here, the defendant points to the fact that the initial questioning took place at the police station, but that “does not, in itself, brand an interrogation as custodial.” Commonwealth v. Book-man, 386 Mass. 657, 660 (1982).

2005In this case, the questioning occurred at the police task force base, but that fact “does not, in itself, brand an interrogation as custodial.” Commonwealth v. Bookman, 386 Mass. 657, 660 (1982).

22
Commonwealth v. Carnesgreen
mass · 2010 · cited in 2 Massachusetts opinions naming this issue, 2023–2023
2 sentences

2023The so-called "Groome factors," see Carnes, 457 Mass. at 819 , are not exclusive; the court must consider the totality of the circumstances.

2023The so- called "Groome factors," see Commonwealth v. Carnes, 457 Mass. 812, 819 (2010), are not exclusive, and the judge must consider the totality of the circumstances.

12
Commonwealth v. Cawthrongreen
mass · 2018 · cited in 2 Massachusetts opinions naming this issue, 2018–2019
2 sentences

2019"To determine whether a defendant was subjected to custodial interrogation, 'the court considers several factors: (1) the place of the interrogation; (2) whether the officers have conveyed to the person being questioned any belief or opinion that that person is a suspect; (3) the nature of the interrogation, including whether the interview was aggressive or, instead, informal and influenced in its contours by the person being interviewed; and [previously] (4) whether, at the time the incriminating statement was made, the person was free to end the interview by leaving the locus of the interrog

2018"To determine whether a defendant was subjected to custodial interrogation, 'the court considers several factors: (1) the place of the interrogation; (2) whether the officers have conveyed to the person being questioned any belief or opinion that that person is a suspect; (3) the nature of the interrogation, including whether the interview was aggressive or, instead, informal and influenced in its contours by the person being interviewed; and (4) whether, at the time the incriminating statement was made, the person was free to end the interview by leaving the locus of the interrogation or by a

12
Commonwealth v. Damianogreen
mass · 1996 · cited in 1 Massachusetts opinions naming this issue, 2023–2023
1 sentence

2023Commonwealth v. Damiano, 422 Mass. 10, 13 (1996).4 4 In the context of whether a police officer had "seized" the defendant, for which reasonable suspicion of criminal conduct is required, the Supreme Judicial Court observed that "because civilians rarely feel 'free to leave' a police encounter," Commonwealth v. Matta, 483 Mass. 357 , 360 (2019), "the more pertinent question is whether an officer has, through 11 In a myriad of cases assessing custody, "the court considers several factors: (1) the place of the interrogation; (2) whether the officers have conveyed to the person being questioned a

11
Thompson v. Keohanegreen
scotus · 1995 · cited in 1 Massachusetts opinions naming this issue, 2023–2023
1 sentence

2023The 8 Groome factors merely provide a framework for assessing the ultimate question: "whether the defendant was subjected to 'a formal arrest or restraint of freedom of movement of the degree associated with a formal arrest.'" Commonwealth v. Medina, 485 Mass. 296 , 301 (2020), quoting Thompson v. Keohane, 516 U.S. 99, 112 (1995).

11
Commonwealth v. Morsegreen
mass · 1998 · cited in 1 Massachusetts opinions naming this issue, 2001–2001
1 sentence

2001Commonwealth v. Morse, 427 Mass. 117, 121-127 (1998).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (1)

CaseCitedYears
Commonwealth v. Bryant green
mass · 1984
2 sentences

2018"Rarely is any single factor conclusive." Commonwealth v. Bryant , 390 Mass. 729 , 737, 459 N.E.2d 792 (1984).

2018"Rarely is any single factor conclusive." Commonwealth v. Bryant , 390 Mass. 729 , 737, 459 N.E.2d 792 (1984).

12018–2018

Statutes the citing opinions construe

MA § Mass. Gen. Laws ch. 278, § 33E (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

AL 23 (1994–2018) MA 12 (2001–2023) WA 12 (1983–2025) MI 11 (2016–2025) OH 7 (2019–2025) TX 7 (2003–2020) NC 4 (2001–2026) IN 4 (1994–2024) IL 4 (2015–2025) DC 3 (1995–2024) MD 3 (2020–2021) KS 3 (2004–2024) VA 3 (2010–2025) IA 3 (2023–2023) RI 3 (1992–2012) LA 2 (1998–2015) OK 2 (2011–2022) NE 2 (2020–2021) CO 2 (2009–2020) WV 2 (1980–2010) MN 2 (1995–2016) WI 2 (2004–2005) VI 2 (2014–2017) AZ 2 (2016–2020) AR 2 (1989–1993)

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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