Commonwealth v. Negron

A judge in the District Court reported to us two questions of law pursuant to Mass.R.Crim.P. 34, as amended, 442 Mass. 1501 (2004):

“(1) Whether a defendant who is charged with distribution of a controlled substance, has standing to challenge the warrantless search of the alleged buyer who was seized after an alleged hand to hand sale between the defendant (the alleged seller) and the alleged buyer?” and

“(2) If the answer to question #1 is yes, may a defendant succeed in suppressing such evidence, regardless of whether he has a subjective or objectively reasonable expectation of privacy where…