Commonwealth v. Sheppard

Liacos, J.

(concurring). I adhere to the views I expressed in Commonwealth v. Sheppard, 387 Mass. 488, 509 (1982) (Sheppard I) (Liacos and Abrams, JJ., concurring). I am gratified that the court no longer attaches significance to the supposed “good faith” of the magistrate and the police officers. Compare Sheppard I, supra at 503-505 & n. 19, with my concurrence at 509-521. The court today takes the view that, where there has been essential compliance with the requirements of G. L. c. 276 and of art. 14, suppression of the evidence seized is not necessarily mandated. I agree that “because the search at issue was conducted as if the warrant had complied with constitutional and statutory requirements,” Commonwealth v. Sheppard, ante 381, 391 (1985) (Sheppard II), suppression of evidence seized is not required under State law. Accordingly, I join the court in its opinion.