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COMMONWEALTH v. SHEPPARD

394 Mass. 381 (1985)

476 N.E.2d 541

COMMONWEALTH vs. OSBORNE SHEPPARD.

Supreme Judicial Court of Massachusetts, Suffolk.

April 2, 1985.

Attorney(s) appearing for the Case

John Reinstein (Nancy Gertner with him) for the defendant.

Newman Flanagan, District Attorney (Michael J. Traft & Judith G. Zeprun, Assistant District Attorneys, with him) for the Commonwealth.

Barbara A.H. Smith, Assistant Attorney General, for the Attorney General, intervener.

William C. O'Malley, District Attorney for the Plymouth District, & others, amici curiae, submitted a brief.

Maureen B. Brodoff, for Committee for Public Counsel Services, amicus curiae, submitted a brief.

Stephen R. Kaplan, amicus curiae, submitted a brief.

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

HENNESSEY, C.J.

This case presents a significant question relating to the administration of criminal laws in the Commonwealth: whether, in the circumstances presented here, we will recognize a rule of exclusion under either G.L.c. 276 or art. 14 of the Declaration of Rights of the Constitution of the Commonwealth. We conclude that the trial judge was justified in finding that the police acted on a warrant issued on probable cause, and that the search of the defendant...

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