Automatic Standing Rule Allowing Suppression of Evidence Limited for Multiple Charges

A defendant cannot use the state’s automatic standing rule to suppress evidence for one charge where the evidence was not an essential element, even if it can be used in a different charge

Commonwealth v. Miller, 2016 BL 266206, Mass, SJC-10640, 8/17/16.

   The Massachusetts Supreme Judicial Court ruled that the state’s automatic standing for defendants in suppressing evidence seized on someone else’s property does not extend equally across multiple charges. In the case, a murder suspect was not able to suppress evidence gathered from someone else’s property in relation to his murder charge because the evidence was not essential to the elements of the crime. The same evidence, however, was suppressible in an unlawful possession of a large capacity weapon charge because it was relevant to the charge.

   The court held, “Standing to contest a search is gauged by looking at the individual charges and evaluating whether the items taken were essential to prosecution of the charge.” Although the rule was properly used by the defendant for his unlawful possession charge, the evidence was not essential to the murder charge, thereby not requiring suppression.

http://www.bloomberglaw.com/public/document/Commonwealth_v_Miller_475_Mass_212_2016_Court_Opinion.