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THE SUPREME JUDICIAL COURT IS SOLICITING AMICUS BRIEFS OR MEMORANDA FROM INTERESTED PARTIES IN THE FOLLOWING MATTER PENDING BEFORE THE COURT

ARGUMENT IS TENTATIVELY SCHEDULED FOR APRIL, 2009
AMICUS SUBMISSIONS ARE DUE ON OR BEFORE MARCH 23, 2009

SJC-10355
Commonwealth v. Everett Connolly

In this challenge to the validity of a warrant authorizing GPS monitoring of the defendant's vehicle, the issues presented, among others, are: whether GPS tracking constitutes a search or seizure within the meaning of the Fourth Amendment or article 12 of the Declaration of Rights; whether the defendant lacked a reasonable expectation of privacy in the movements of his van on a public way; whether the execution of the GPS warrant was valid under the provisions of G. L. c. 276, § 3A; whether the defendant was deprived of the effective assistance of counsel, where counsel failed to raise issues relating to the GPS warrant in the motion to suppress.

Interested parties may file their briefs in the Office of the Clerk for the Commonwealth, John Adams Courthouse, Suite 1-400, Pemberton Square, Boston MA 02108-1724 (Telephone 617-557-1020). Parties filing amicus briefs are expected to comply with the requirements of Rules 17, 19 and 20 of Mass. Rules of Appellate Procedure. Amicus briefs, to assist the court, should focus on the ramifications of a decision and not solely on the interests of the parties filing such briefs.

January 26, 2009