MASSACHUSETTS v. SHEPPARD

No. 82-963.

468 U.S. 981 (1984)

MASSACHUSETTS v. SHEPPARD

Supreme Court of United States.

Decided July 5, 1984


Attorney(s) appearing for the Case

Barbara A. H. Smith, Assistant Attorney General of Massachusetts, argued the cause for petitioner. With her on the briefs were Francis X. Bellotti, Attorney General, Newman Flanagan, and Michael J. Traft.

John Reinstein argued the cause for respondent. With him on the brief was Nancy Gertner.*

James J. Brosnahan filed a brief for the Bar Association of San Francisco et al. as amici curiae urging affirmance.

Briefs of amici curiae were filed for the State of Florida et al. by Jim Smith, Attorney General of Florida, and Lawrence A. Kaden and Raymond L. Marky, Assistant Attorneys General, and by the Attorneys General for their respective States as follows: Robert K. Corbin of Arizona, John K. Van de Kamp of California, Duane Woodard of Colorado, Austin J. McGuigan of Connecticut, Charles M. Oberly III of Delaware, Michael J. Bowers of Georgia, Tany S. Hong of Hawaii, Jim Jones of Idaho, Linley E. Pearson of Indiana, Robert T. Stephan of Kansas, William J. Guste, Jr., of Louisiana, Frank J. Kelley of Michigan, Hubert H. Humphrey III of Minnesota, Bill Allain of Mississippi, Michael T. Greely of Montana, Brian McKay of Nevada, Gregory H. Smith of New Hampshire, Irwin I. Kimmelman of New Jersey, Rufus L. Edmisten of North Carolina, Robert O. Wefald of North Dakota, Anthony J. Celebrezze, Jr., of Ohio, Michael C. Turpen of Oklahoma, LeRoy S. Zimmerman of Pennsylvania, Dennis J. Roberts II of Rhode Island, T. Travis Medlock of South Carolina, David L. Wilkinson of Utah, John J. Easton, Jr., of Vermont, Gerald L. Baliles of Virginia, Ken Eikenberry of Washington, Chauncey H. Browning, Jr., of West Virginia, Bronson C. La Follette of Wisconsin, and A. G. McClintock of Wyoming; for the Appellate Committee of the California District Attorneys Association by Robert H. Philibosian, Harry B. Sondheim, and Roderick W. Leonard; for the Illinois State Bar Association by Michael J. Costello, Albert Hofeld, William J. Martin, and Joshua Sachs; for the Committee on Criminal Law of the Association of the Bar of the City of New York by Peter L. Zimroth and Barbara D. Underwood; for the National Association of Criminal Defense Lawyers et al. by Marshall W. Krause, Steffan B. Imhoff, and Charles Scott Spear; for the National Legal Aid and Defender Association by Kenneth M. Mogill; and for Dan Johnston, County Attorney, Polk County, Iowa, by Mr. Johnston, pro se.


JUSTICE WHITE delivered the opinion of the Court.

This case involves the application of the rules articulated today in United States v. Leon, ante, p. 897, to a situation in which police officers seize items pursuant to a warrant subsequently invalidated because of a technical error on the part of the issuing judge.

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