vehicle challenge (Massachusetts) · Go Syfert
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vehicle challenge in Massachusetts

9 Massachusetts opinions name it 3 courts 1946–2025 2 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 (10)

CaseFollowedCited
Commonwealth v. Quintos Q.green
mass · 2010 · cited in 2 Massachusetts opinions naming this issue, 2018–2025
2 sentences

2025In so doing, the court recognizes, "[a] passenger in a vehicle may challenge the constitutionality of a stop." Commonwealth v. Buckley, 478 Mass. 861 ,865 n. 8 (2018) (citing Commonwealth v. Quintas Q., 457 Mass. 107 , I IO (2010)).

2018See Commonwealth v. Quintos Q ., 457 Mass. 107 , 110, 928 N.E.2d 320 (2010), citing *773 Brendlin v. California , 551 U.S. 249 , 251, 127 S.Ct. 2400 , 168 L.Ed.2d 132 (2007).

12
Commonwealth v. Dilonegreen
mass · 1982 · cited in 1 Massachusetts opinions naming this issue, 2025–2025
1 sentence

2025Even assuming that the claim was properly raised, "[m]inor discrepancies, if there were any, between the evidence presented to the grand jury and the evidence presented, or expected to be presented, at trial cannot invalidate the indictment." Commonwealth v. Dilone, 385 Mass. 281, 284 (1982).

11
Brendlin v. Californiagreen
scotus · 2007 · cited in 1 Massachusetts opinions naming this issue, 2018–2018
2 sentences

2018See Commonwealth v. Quintos Q ., 457 Mass. 107 , 110, 928 N.E.2d 320 (2010), citing *773 Brendlin v. California , 551 U.S. 249 , 251, 127 S.Ct. 2400 , 168 L.Ed.2d 132 (2007).

2018See Commonwealth v. Quintos Q ., 457 Mass. 107 , 110, 928 N.E.2d 320 (2010), citing *773 Brendlin v. California , 551 U.S. 249 , 251, 127 S.Ct. 2400 , 168 L.Ed.2d 132 (2007).

11
Dr. Ben Branch, Trustee of Bank of New England Corporation, Derivatively and on Behalf and in the Name of Maine National Bank v. United Statesgreen
cafc · 1996 · cited in 1 Massachusetts opinions naming this issue, 2014–2014
1 sentence

2014Dist., 133 S. Ct. 2586, 2601 (2013) (“property taxes, user fees, and similar laws and regulations that may impose financial burdens on property owners” do not constitute takings); McCarthy v. Cleveland, 626 F.3d 280, 285-286 (6th Cir. 2010), and cases cited (concurring with seven other United States Circuit Courts of Appeal that “Takings Clause is not an appropriate vehicle to challenge the power of [a legislature] to impose a mere monetary obligation without regard to an identifiable property interest,” and concluding that enforcement of traffic offense ordinance against vehicle lessees was n

11
McCarthy v. City of Clevelandgreen
ca6 · 2010 · cited in 1 Massachusetts opinions naming this issue, 2014–2014
1 sentence

2014Dist., 133 S. Ct. 2586, 2601 (2013) (“property taxes, user fees, and similar laws and regulations that may impose financial burdens on property owners” do not constitute takings); McCarthy v. Cleveland, 626 F.3d 280, 285-286 (6th Cir. 2010), and cases cited (concurring with seven other United States Circuit Courts of Appeal that “Takings Clause is not an appropriate vehicle to challenge the power of [a legislature] to impose a mere monetary obligation without regard to an identifiable property interest,” and concluding that enforcement of traffic offense ordinance against vehicle lessees was n

11
Koontz v. St. Johns River Water Management Dist.green
scotus · 2013 · cited in 1 Massachusetts opinions naming this issue, 2014–2014
1 sentence

2014Dist., 133 S. Ct. 2586, 2601 (2013) (“property taxes, user fees, and similar laws and regulations that may impose financial burdens on property owners” do not constitute takings); McCarthy v. Cleveland, 626 F.3d 280, 285-286 (6th Cir. 2010), and cases cited (concurring with seven other United States Circuit Courts of Appeal that “Takings Clause is not an appropriate vehicle to challenge the power of [a legislature] to impose a mere monetary obligation without regard to an identifiable property interest,” and concluding that enforcement of traffic offense ordinance against vehicle lessees was n

11
Commonwealth v. Williamsgreen
mass · 2010 · cited in 1 Massachusetts opinions naming this issue, 2011–2011
1 sentence

2011See Commonwealth v. Williams, supra at 713-719 . 1.

11
Naranjo v. Department of Revenuegreen
massappct · 2005 · cited in 1 Massachusetts opinions naming this issue, 2008–2008
1 sentence

2008A complaint for declaratory relief “is the proper vehicle to challenge the legality of an administrative action ‘even though such action is neither an adjudication nor the promulgation of a rule,’ so long as the prerequisites to bringing a declaratory judgment action are met.” Naranjo v. Department of Rev., 63 Mass.App.Ct. 260, 266 (2005), quoting Haverhill Manor, Inc. v. Commissioner of Public Welfare, 368 Mass. 15, 30 (1975).

11
Haverhill Manor, Inc. v. Commissioner of Public Welfaregreen
mass · 1975 · cited in 1 Massachusetts opinions naming this issue, 2008–2008
1 sentence

2008A complaint for declaratory relief “is the proper vehicle to challenge the legality of an administrative action ‘even though such action is neither an adjudication nor the promulgation of a rule,’ so long as the prerequisites to bringing a declaratory judgment action are met.” Naranjo v. Department of Rev., 63 Mass.App.Ct. 260, 266 (2005), quoting Haverhill Manor, Inc. v. Commissioner of Public Welfare, 368 Mass. 15, 30 (1975).

11
Commonwealth v. Baezgreen
massappct · 1999 · cited in 1 Massachusetts opinions naming this issue, 2006–2006
1 sentence

2006See Commonwealth v. Santana, 402 Mass. 205 (1995) (an objectively reasonable basis for making a stop is justified regardless of the actual subjective motive of the officer); Commonwealth v. Baez, 47 Mass.App.Ct. 115, 118 (1999) (“We think the standard to be used in determining the legality of a stop based on a suspected violation of c. 90, §9D, is whether the officer reasonably suspected, based on his visual observations, that the tinting of the windows exceeded the permissible limits of §9D”) 7 See also Commonwealth v. Whitehead, 49 Mass.App.Ct. 905 (2000) (rescript) (Police can’t stop a moto

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 (5)

CaseCitedYears
Commonwealth v. Buckley green
mass · 2018
1 sentence

2025In so doing, the court recognizes, "[a] passenger in a vehicle may challenge the constitutionality of a stop." Commonwealth v. Buckley, 478 Mass. 861 ,865 n. 8 (2018) (citing Commonwealth v. Quintas Q., 457 Mass. 107 , I IO (2010)).

12025–2025
Nesson v. McIntyre green
scotus · 1996
1 sentence

2014Cir. 1995), cert. denied, 519 U.S. 810 (1996) (“[T]he principles of takings law that apply to real property do not apply in the same manner to statutes imposing monetary liability. . . . [T]axes or special municipal assessments indisputably ‘take’ money from individuals or businesses, [but] assessments of that kind are not. . . per se takings”).

12014–2014
Commonwealth v. Whitehead green
massappct · 2000
1 sentence

2006See Commonwealth v. Santana, 402 Mass. 205 (1995) (an objectively reasonable basis for making a stop is justified regardless of the actual subjective motive of the officer); Commonwealth v. Baez, 47 Mass.App.Ct. 115, 118 (1999) (“We think the standard to be used in determining the legality of a stop based on a suspected violation of c. 90, §9D, is whether the officer reasonably suspected, based on his visual observations, that the tinting of the windows exceeded the permissible limits of §9D”) 7 See also Commonwealth v. Whitehead, 49 Mass.App.Ct. 905 (2000) (rescript) (Police can’t stop a moto

12006–2006
Commonwealth v. MacGregor green
mass · 1946
1 sentence

1970If there is no existing exception, there is nothing that the bill can bring here.’ . . , The law as to exceptions in criminal cases is the same as that in civil cases. . . . [A] bill of exceptions . . . which . . . [doesj not disclose the saving of any exception in the court below . . . ¡^brings] no question of law to this court.” 2 Commonwealth v. MacGregor, 319 Mass. 462, 463 , and cases cited.

11970–1970
Graustein v. Boston & Maine Railroad neutral
mass · 1944
1 sentence

1946If there is no existing exception, there is nothing that the bill can bring here.” Graustein v. Boston & Maine Railroad, 317 Mass. 164, 166 .

11946–1946

Where else courts name it

PA 170 (1947–2026) NY 141 (1962–2026) CA 117 (1963–2026) TX 104 (1973–2026) CT 100 (1987–2022) OH 91 (1947–2026) FL 67 (1954–2026) MI 45 (1894–2026) IL 34 (1975–2026) IN 27 (1980–2025) GA 27 (1979–2025) ND 22 (1984–2020) IA 22 (1986–2023) MD 19 (1971–2025) KS 19 (1984–2026) TN 15 (1978–2019) LA 14 (1927–2019) ID 12 (1991–2025) CO 12 (1989–2018) WI 12 (1970–2025) MS 11 (1988–2020) AZ 11 (1941–2025) NJ 10 (1985–2021) VA 10 (1995–2017) AL 10 (1985–2006) OR 10 (2006–2026) MA 9 (1946–2025) UT 9 (1988–2023) MO 9 (1980–2025) NV 8 (1975–2024) OK 7 (1997–2016) WA 7 (1980–2025) MT 6 (1980–2024) RI 6 (1976–2022) AR 6 (1973–2021) NC 5 (1952–2018) NM 5 (1938–2017) NE 5 (1977–2008) DE 5 (1993–2026) KY 5 (1977–2026) DC 4 (1985–2017) VT 4 (1997–2007) MN 4 (1993–2016) HI 3 (1994–2020) WY 3 (1988–2019) AK 3 (1979–1993) SC 3 (1986–2001) SD 3 (1982–1998) ME 2 (2003–2022) WV 2 (2019–2024)

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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