State v. Cunneen

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The Supreme Judicial Court affirmed Defendant's drug-related convictions, holding that the trial court did not err by denying Defendant's motion to suppress evidence obtained as the result of a roadside interaction with a police officer and that any potential challenge to the sentence imposed was not cognizable on direct appeal. Defendant was convicted of unlawful possession of scheduled drugs, unlawful possession of scheduled drugs, and refusing to submit to arrest or detention. On appeal, Defendant argued that his roadside encounter with the officer rose to the level of a detention and was not supported by reasonable articulable suspicion. The Supreme Judicial Court affirmed, holding (1) the trial court correctly found that the officer's conduct and interaction with Defendant did not rise to the level of a Fourth Amendment seizure; and (2) Defendant's challenge to his sentence was not cognizable on this direct appeal. View "State v. Cunneen" on Justia Law