Commonwealth v. Podgurski

We are asked to determine, in this interlocutory appeal by the Commonwealth, whether the windowless rear interior of a cargo van, parked in a lot accessible to the public, is an area whose occupants may entertain a legitimate expectation of privacy. The judge ruled that an intrusion into such an area, made without probable cause and without either a warrant or exigent circumstances, was violative of both the Fourth Amendment to the United States Constitution and art. 14 of the Declaration of Rights of the Massachusetts Constitution. We affirm the motion judge’s order suppressing the evidence.…