COMMONWEALTH v. SHEPPARD


387 Mass. 488 (1982)

441 N.E.2d 725

COMMONWEALTH vs. OSBORNE SHEPPARD.

Supreme Judicial Court of Massachusetts, Suffolk.

October 26, 1982.


Attorney(s) appearing for the Case

John F. Herlihy, Jr., for the defendant.

Newman A. Flanagan, District Attorney (Clyde R.W. Garrigan, Assistant District Attorney, with him) for the Commonwealth.

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


WILKINS, J.

In this appeal from a conviction of murder in the first degree, we are faced with the serious and challenging question whether the exclusionary rule, adopted by the Supreme Court of the United States to protect Fourth Amendment rights, requires the suppression of incriminating evidence obtained in the course of a police search conducted in good faith, but pursuant to a warrant which, although issued on probable...

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