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COMMONWEALTH v. CARTER

424 Mass. 409 (1997)

COMMONWEALTH v. ELBERT CARTER, JR.

Supreme Judicial Court of Massachusetts, Berkshire.

March 11, 1997.

Attorney(s) appearing for the Case

David J. Barend for the defendant.

Joan M. McMenemy, Assistant District Attorney, for the Commonwealth.

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

WILKINS, C.J.

In this case, we define circumstances in which our rule applies that grants a criminal defendant automatic standing to challenge the constitutionality of the seizure of evidence, the possession of which is an element of the crime charged.

In Commonwealth v. Amendola, 406 Mass. 592 (1990), we held, as a matter of State constitutional law, that a defendant charged with a crime in which possession...

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