Commonwealth v. Upton , 394 Mass. 363 ( 1985 )

Lynch, J.

(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.