Commonwealth v. Kostka

In Commonwealth v. Draheim, 447 Mass. 113, 119 (2006), the Supreme Judicial Court held that “so long as the Commonwealth satisfies the requirements of both the Fourth Amendment [to the United States Constitution] and Mass. R. Crim. R 17(a)(2), 378 Mass. 885 (1979), it should be permitted the same access as defendants to potentially beneficial evidence from third parties,” including third parties who are not suspects in a crime. Accordingly, in Draheim, the Commonwealth was allowed to obtain saliva samples from two alleged male victims of alleged statutory rapes and from two children borne by…