Commonwealth v. Carter

In this case, we define circumstances in which our rule applies that grants a criminal defendant automatic standing to challenge the constitutionality of the seizure of evidence, the possession of which is an element of the crime charged.

In Commonwealth v. Amendola, 406 Mass. 592 (1990), we held, as a matter of State constitutional law, that a defendant charged with a crime in which possession of seized evidence is an element of the crime is “deemed to have standing to contest the legality of the search and the seizure of that evidence.” Id. at 601. In afiirming the defendant’s conviction in *410t…