COMMONWEALTH v. OLSEN


405 Mass. 491 (1989)

541 N.E.2d 1003

COMMONWEALTH vs. EVA M. OLSEN.

Supreme Judicial Court of Massachusetts, Worcester.

August 7, 1989.


Attorney(s) appearing for the Case

Nathaniel D. Pitnof for the defendant.

Judy G. Zeprun, Assistant Attorney General, for the Commonwealth.

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


ABRAMS, J.

The sole issue on appeal is whether evidence seized in violation of the Fourth Amendment to the Constitution of the United States and art. 14 of the Massachusetts Declaration of Rights should be excluded from a proceeding to revoke probation. We transferred the appeal to this court on our own motion. We conclude, as do a majority of jurisdictions that have considered the issue, that, where the police who unlawfully obtained the evidence neither knew nor...

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