COMMONWEALTH v. SILVA


440 Mass. 772 (2004)

COMMONWEALTH vs. REINALD SILVA, JR.

Supreme Judicial Court of Massachusetts, Hampden.

January 28, 2004.


Attorney(s) appearing for the Case

Thomas H. Townsend, Assistant District Attorney, for the Commonwealth.

Neil V. Golden for the defendant.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.


IRELAND, J.

This case raises the first impression question of what standard police must meet under art. 14 of the Massachusetts Declaration of Rights to justify entry into a suspect's residence pursuant to a valid arrest warrant — probable cause or a reasonable belief. We conclude that a reasonable belief is the proper standard.

Background. The defendant was charged in the Holyoke District Court with breaking and entering in the daytime with...

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