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COMMONWEALTH v. CONSIDINE

448 Mass. 295 (2007)

COMMONWEALTH vs. KEITH J. CONSIDINE (and two companion cases).

Supreme Judicial Court of Massachusetts, Berkshire.

January 31, 2007.

Attorney(s) appearing for the Case

Joseph A. Pieropan, Assistant District Attorney, for the Commonwealth.

Judith C. Knight for Keith Considine & another.

Mark G. Miliotis for Caleb Tripp.

Tim R. Hwang, pro se, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

COWIN, J.

We consider in this case whether private school officials are agents of the State and thus bound by the constitutional prohibition against unreasonable searches and seizures. The question arises in the context of motions to suppress. The three defendants — Keith Considine, Caleb Tripp, and Jeffrey Rogers — were charged in the Northern Berkshire Division of the District Court Department with one count...

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