COMMONWEALTH v. LEONE


386 Mass. 329 (1982)

435 N.E.2d 1036

COMMONWEALTH vs. EDWARD J. LEONE.

Supreme Judicial Court of Massachusetts, Essex.

May 26, 1982.


Attorney(s) appearing for the Case

Dyanne Klein Polatin, Assistant District Attorney, for the Commonwealth.

Richard Berman for the defendant.

Present: HENNESSEY, C.J., LIACOS, ABRAMS, NOLAN, & O'CONNOR, JJ.


HENNESSEY, C.J.

This is an interlocutory appeal by the Commonwealth, which objects to the suppression of certain evidence in a criminal proceeding in a District Court. The issues posed are whether the Fourth Amendment to the United States Constitution affects the admissibility of evidence discovered by a special police officer privately employed as a plant security guard, and if so, whether the officer's conduct constituted an unreasonable search and seizure. We conclude...

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