COMMONWEALTH v. DONOHUE


452 Mass. 256 (2008)

Commonwealth v. Edward Donohue.

Supreme Judicial Court of Massachusetts, Middlesex.

August 22, 2008.


Attorney(s) appearing for the Case

Thomas Drechsler, Special Assistant Attorney General (Steven J. Masse with him) for the Sheriff of Middlesex County.

Randall E. Ravitz, Assistant Attorney General, for the Superior Court Department of the Trial Court.

Edward J. McDonough, Jr., & Thomas E. Day for the Sheriff of Hampden County & others, amici curiae, submitted a brief.

Beth L. Eisenberg, Committee for Public Counsel Services, Lauren Petit & Lee J. Gartenberg for the Committee for Public Counsel Services & others, amici curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, CORDY, & BOTSFORD, JJ.


SPINA, J.

At issue in this case is whether the use of Policy and Procedure 467, also known as the "Global Position Satellite Monitoring Program" (GPS program), by the Middlesex County sheriff's office (sheriff), violates art. 30 of the Massachusetts Declaration of Rights insofar as it allows the sheriff to release from the Billerica house of correction (house of correction) and place in home confinement select inmates who...

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