COMMONWEALTH v. PODGURSKI


386 Mass. 385 (1982)

436 N.E.2d 150

COMMONWEALTH vs. RONALD PODGURSKI (and three companion cases).

Supreme Judicial Court of Massachusetts, Norfolk.

June 2, 1982.


Attorney(s) appearing for the Case

Peter M. McElroy, Assistant District Attorney (Charles J. Hely, Assistant District Attorney, with him) for the Commonwealth.

Richard C. Driscoll, Jr., for Edward J. Collins, III.

Edward G. Butler for Ronald Podgurski.

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


LIACOS, J.

We are asked to determine, in this interlocutory appeal by the Commonwealth, whether the windowless rear interior of a cargo van, parked in a lot accessible to the public, is an area whose occupants may entertain a legitimate expectation of privacy. The judge ruled that an intrusion into such an area, made without probable cause and without either a warrant or exigent circumstances, was violative of both the Fourth Amendment to the United States Constitution...

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