# Commonwealth v. Smith

> Massachusetts Supreme Judicial Court · June 10, 1992 · 412 Mass. 823

URL: https://www.frixlaw.com/law-library/cases/9521873

## Case

- **Full name:** Commonwealth vs. John F. Smith
- **Court:** Massachusetts Supreme Judicial Court
- **Decided:** June 10, 1992
- **Citations:** 412 Mass. 823; 593 N.E.2d 1288; 1992 Mass. LEXIS 394
- **Precedential status:** Published
- **Opinion:** Dissent by Nolan
- **Judges:** Liacos, Wilkins, Abrams, Nolan, Lynch, O'Connor, Greaney
- **Cited by:** 44 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9521873

## How later opinions describe it (automated extraction)

- establishing Massachusetts rule that a statement made following a violation of a suspect’s Miranda rights is presumptively tainted requiring that the prosecution show “more than the belated administration of Miranda warnings in order to dispel that taint”
- declining to follow Oregon v. Elstad, 470 U.S. 298 , 105 S. Ct. 1285 , 84 L. Ed. 2d 222 (1985), on state law grounds in Massachusetts
- declining to follow Oregon v. Elstad, 470 U.S. 298, 105 S.Ct. 1285, 84 L.Ed.2d 222 (1985), on state law'grounds in Massachusetts

## Opinion text

Nolan, J.
(dissenting). The rule of Oregon v. Elstad, 470 U.S. 298, 314 (1985), should be followed. There, the United States Supreme Court correctly left to the fact finder the only crucial question, whether the suspect made a rational and intelligent choice either to waive or to invoke his rights after Miranda warnings had been given.
I dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9521873. Public record. Not legal advice.