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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

AMICUS SUBMISSIONS ARE DUE ON OR BEFORE DECEMBER 7, 2009

SJC-10383
Commonwealth v. Porter P., a juvenile

(1) Whether a warrantless search conducted under the doctrine of apparent authority satisfies the requirements of art. 14 of the Massachusetts Declaration of Rights. Contrast Illinois v. Rodriquez, 497 U.S. 177 (1990) (accepting doctrine of apparent authority for purposes of Fourth Amendment to the United States Constitution). If so, whether the contours of the doctrine should be the same under art. 14 as they are under the Fourth Amendment.

(2) Whether the doctrine of apparent authority under the Fourth Amendment includes apparent authority based on a reasonable mistake of law, see 4 W.R. LaFave, Search and Seizure § 8.3(g), at 175-176 (4th ed. 2004); and

(3)  Whether a doctrine of apparent authority under art. 14 should include apparent authority based on a reasonable mistake of law.

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.

November 4, 2009