Opinion

Commonwealth v. Amendola

  • 406 Mass. 592
  • 550 N.E.2d 121
  • 1990 Mass. LEXIS 60
Court
Massachusetts Supreme Judicial Court
Filed
Feb 8, 1990
Status
Published
Author
Nolan
On the bench
Liacos, Wilkins, Abrams, Nolan, Lynch, O'Connor
Cited by
85 cases
Authority
More cited than 9.1%

holding that rule applies when a defendant is charged with a crime in which possession of the seized evidence at the time of the search is an essential element of guilt

How later courts described this case

  • holding that rule applies when a defendant is charged with a crime in which possession of the seized evidence at the time of the search is an essential element of guilt
  • holding that a defendant charged with a crime in which possession of seized evidence is an element of the crime is “deemed to have standing to contest the legality of the search and the seizure of that evidence”
  • establishing automatic standing under art. 14 because without this doctrine, defendant charged with possessory offense must either assert ownership over contraband, thereby violating right against self-incrimination, or remain silent and waive right to challenge search and seizure
  • adopting “automatic standing” rule under art. 14 allowing defendant to challenge constitutionality of search or seizure even when defendant lacks expectation of privacy in place or object searched or seized

Written by the judges who cited it.

The opinion

Nolan, J.

(dissenting, with whom Lynch, J., joins). Once again, the court has invoked the Massachusetts Constitution to depart from settled Federal constitutional law without so much as a suggestion of authority. Absolutely nothing in art. 14 of the Massachusetts Declaration of Rights suggests a rule of automatic standing. In fact, the language of art. 14 is substantially the same as the language of the Fourth Amend *603 ment to the United States Constitution from which the Federal rule of standing is derived.

I am apprehensive about the direction which this court is taking in proclaiming that the Massachusetts Constitution is more zealous in protection of a defendant’s rights than the United States Constitution. This trend is far more serious than the decision in this case to adopt the rule of automatic standing of Jones v. United States, 362 U.S. 257 (1960), in preference to the rule of reasonable expectation of privacy of United States v. Salvucci, 448 U.S. 83 (1980), after the United States Supreme Court has rejected Jones . It seems that, whenever we wish to expand the rights of defendants in criminal cases, we simply invoke the Massachusetts Constitution without so much as a plausible argument that the Massachusetts Constitution requires the expansion. The court decides on the result that it wants and simply declares, if the result sought is more favorable to a criminal defendant than Federal law permits, that the Massachusetts Constitution compels such a result without the faintest suggestion of authority either in the language of the Massachusetts Constitution or elsewhere.

Perhaps the court has silently adopted the view that, if we say something frequently enough, it must be so. Descartes postulated: Cogito, ergo sum. We dictate: Dicimus, ergo ito est. I 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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.