Opinion

Commonwealth v. Upton

  • 394 Mass. 363
  • 476 N.E.2d 548
  • 1985 Mass. LEXIS 1398
Court
Massachusetts Supreme Judicial Court
Filed
Apr 1, 1985
Status
Published
Author
Lynch
On the bench
Lynch, Hennessey, Wilkins, Liacos, Abrams, Nolan, O'Connor
Cited by
345 cases
Authority
More cited than 0.3%

rejecting “totality of the circumstances” test set forth in Illinois v. Gates, 462 U.S. 213 [1983], and concluding that “principles developed under Aguilar v. Texas, 378 U.S. 108 [1964], and Spinelli v. United States, 393 U.S. 410 (1969), if not applied hypertechnically, provide a more appropriate structure for probable cause inquiries under art. 14” of Massachusetts Declaration of Rights

How later courts described this case

  • rejecting “totality of the circumstances” test set forth in Illinois v. Gates, 462 U.S. 213 [1983], and concluding that “principles developed under Aguilar v. Texas, 378 U.S. 108 [1964], and Spinelli v. United States, 393 U.S. 410 (1969), if not applied hypertechnically, provide a more appropriate structure for probable cause inquiries under art. 14” of Massachusetts Declaration of Rights
  • discussing Leon but concluding that state statutes bar any judicial consideration of admitting evidence seized pursuant to search warrant issued in the absence of probable cause
  • holding that “art. 14 provides more substantive protection to criminal defendants than does the Fourth Amendment in the determination of probable cause”
  • reaffirming Sees, and, noting that “[t]he Constitution of the Commonwealth preceded and is independent of the Constitution of the United States,” listing numerous cases where the two constitutions have been read to diverge

Written by the judges who cited it.

The opinion

Lynch, J.

(dissenting, with whom Nolan, I., joins). For the reasons stated in my earlier dissent, Commonwealth v. Upton, 390 Mass. 562, 578 (1983), I believe probable cause existed here under the test of Illinois v. Gates. Furthermore, I find nothing in the Massachusetts Declaration of Rights or G. L. c. 276, § 2B, that mandates a stricter standard for determining whether probable cause exists than is found in the United States Constitution. Because I believe probable cause exists, I would not reach the issue whether G. L. c. 276, § 2B, provides a statutory prohibition against the admission of evidence seized under a warrant issued without probable cause. I therefore respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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