Massachusetts Appeals Court April 7, 2003, No. 01-P-1841 (Commonwealth v. McDevitt)

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United States · · · 07-04-2003

Kantrowitz, J.

May the police validly engage in a “well-being check” on a vehicle stopped in the breakdown lane of a highway when there were previous tips that the same car was driving erratically and the police had already commenced an investigatory search for the car? We hold that when the well-being check arises out of objective circumstances, they may.

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