¶1(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.
394 Mass. 363
476 N.E.2d 548
Commonwealth v. Upton
Massachusetts Supreme Judicial Court
Decided April 1, 1985
Massachusetts Supreme Judicial Court · decided 1985-04-01
Relies on Commonwealth v. Upton
Good law ✅— No negative treatment on recordhow we know
Decided 1985-04-01
How this case has been cited
Cited by 360 later decisions (10 by the Supreme Court) — most recently May 2022 · most notably Superintendent Massachusetts Correctional Institution Walpole v. Hill (1985), Ponte v. Real (1985)
16 federal appellate · 10 district · 321 state decisions — followed in 17 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
View the full empirical analysis of this case →