context: There is no disagreement that the defendant was stopped, detained, and searched. The warrant having been invalid, the Commonwealth has the burden of proving, by a preponderance of the evidence, an applicable exception to the warrant requirement.
citation_a.signal: see
citation_a.identifier: 414 Mass. 788, 791-92
citation_a.parenthetical: generally, "preliminary questions of fact [in criminal cases] need only be proved by a preponderance of the evidence"
citation_a.sentence: Commonwealth v. Antobenedetto, 366 Mass. 51, 57 (1974) (“where, as here, the search is without a warrant the burden of establishing its reasonableness is on the Commonwealth’’); see Care and Protection of Laura, 414 Mass. 788, 791-92 (1993) (generally, “preliminary questions of fact [in criminal cases] need only be proved by a preponderance of the evidence”).
citation_b.signal: no signal
citation_b.identifier: 366 Mass. 51, 57
citation_b.parenthetical: "where, as here, the search is without a warrant the burden of establishing its reasonableness is on the Commonwealth''
citation_b.sentence: Commonwealth v. Antobenedetto, 366 Mass. 51, 57 (1974) (“where, as here, the search is without a warrant the burden of establishing its reasonableness is on the Commonwealth’’); see Care and Protection of Laura, 414 Mass. 788, 791-92 (1993) (generally, “preliminary questions of fact [in criminal cases] need only be proved by a preponderance of the evidence”).