Commonwealth v. Bishop, 523 N.E.2d 779 (Mass. 1988). · Go Syfert
Commonwealth v. Bishop, 523 N.E.2d 779 (Mass. 1988). Cases Citing This Book View Copy Cite
“art. 14 . . . requires the exclusion of evidence seized during an inventory search not conducted pursuant to standard police procedures, which procedures, from now on, must be in writing”
104 citation events (52 in the last 25 years) across 9 distinct courts.
Strongest positive: Commonwealth v. McCarthy (mass, 2020-04-16) · Strongest negative: People v. Gee (coloctapp, 2001-08-30)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 40 distinct citers.
discussed Cited "but see" People v. Gee (2×)
Colo. Ct. App. · 2001 · signal: but see · confidence high
But see Commonwealth v. Bishop, 402 Mass. 449 , 523 N.E.2d 779 (1988)(Massachusetts Declaration of Rights requires that standards for inventory searches must be written). *1257 We conclude that unwritten policies of a police department that are routinely used by officers in conducting inventory searches are standards that may be considered in determining the reasonableness of an inventory search.
discussed Cited as authority (verbatim quote) Commonwealth v. McCarthy
Mass. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
art. 14 . . . requires the exclusion of evidence seized during an inventory search not conducted pursuant to standard police procedures, which procedures, from now on, must be in writing
cited Cited as authority (rule) Lamont Wilford v. State of Indiana
Ind. · 2016 · confidence medium
Commonwealth v. Bishop, 402 Mass. 449 , 523 N.E.2d 779, 780 (1988).
discussed Cited as authority (rule) Commonwealth v. White
Mass. · 2014 · confidence medium
The “One Touch” container, however, lawfully could be opened in accordance with the inventory policy of the Cambridge police department, where that policy was admitted in evidence at the suppression hearing and provides that, at booking, “[a]ny container or article found on the arrestee’s person . . . will be opened and its contents inventoried.” See Commonwealth v. Vuthy Seng, 436 Mass. 537, 550 , cert. denied, 537 U.S. 942 (2002) (“It is clear that, before a person is placed in a cell, the police, without a warrant, but pursuant to standard written procedures, may inventory and r…
cited Cited as authority (rule) Commonwealth v. Bethune
Mass. Super. Ct. · 2013 · confidence medium
Borges, 395 Mass. 788, 795 (1985); Commonwealth v. Bishop, 402 Mass. 449, 451-52 (1988).
discussed Cited as authority (rule) Commonwealth v. Vanya V. (2×) also: Cited "see"
Mass. App. Ct. · 2009 · confidence medium
“Police procedures can be considered ‘standard’ only if they are set forth in writing.” Commonwealth v. Garcia, 409 Mass. 675, 681 (1991), quoting from Commonwealth v. Bishop, 402 Mass. 449, 451 (1988).
discussed Cited as authority (rule) Commonwealth v. Diaz (2×) also: Cited "see"
Mass. Super. Ct. · 2009 · confidence medium
While the Supreme Judicial Court requires police to adhere to standardized written guidelines when executing the inventory search itself, see Commonwealth v. Bishop, 402 Mass. 449, 451 (1988), it has never held that the police must follow written guidelines dictating the circumstances in which the inventory search may be undertaken.
discussed Cited as authority (rule) Commonwealth v. Difalco
Mass. App. Ct. · 2008 · confidence medium
In a two-step decision, the judge first concluded that the police lawfully opened the safe, opining that this action was consistent with the reasons underlying an inventory search. 3 We begin our review mindful that “art. 14 of the [Massachusetts] Declaration of Rights requires the exclusion of evidence seized during an inventory search not conducted pursuant to standard police procedures, which . . . must be in writing.” Commonwealth v. Bishop, 402 Mass. 449, 451 (1988).
cited Cited as authority (rule) Commonwealth v. Baptiste
Mass. App. Ct. · 2006 · confidence medium
Commonwealth v. Bishop, 402 Mass. 449, 451 (1988).” See Colorado v. Bertine, 479 U.S. 367, 376 (1987) (Blackmun, J., concurring); Commonwealth v. Rostad, 410 Mass. 618, 622 (1991).
discussed Cited as authority (rule) Barry v. Ficco
D. Mass. · 2005 · confidence medium
While Massachusetts may in some respects enforce the rule more strictly, see Commonwealth v. Bishop, 402 Mass. 449, 451 , 523 N.E.2d 779 *86 (1988), a federal habeas court is guided by federal law and the decisions of the United States Supreme Court. 28 U.S.C. § 2254 (d)(1).
discussed Cited as authority (rule) Commonwealth v. Horton
Mass. App. Ct. · 2005 · confidence medium
The conduct and scope of this search is not at issue because it permissibly included the vehicle’s trunk, Commonwealth v. Garcia, 409 Mass. 675, 684 (1991); it permissibly included closed but unlocked containers in the trunk, Commonwealth v. Caceres, 413 Mass. 749, 755 (1992); and the record contains a detailed three-page motor vehicle inventory search policy promulgated by the Boston police department on October 23, 1991, conforming with Commonwealth v. Bishop, 402 Mass. 449, 451 (1988).
examined Cited as authority (rule) Commonwealth v. Silva (6×) also: Cited "see"
Mass. App. Ct. · 2004 · confidence medium
Notwithstanding a clear failure to meet the government's burden of proof by either introduction of the best evidence of the actual written police policy or other sufficient foundational evidence, the government argues that this type of search — even if not proved by an extant writing — is nevertheless constitutionally sustainable because such a pre-towing ownership-information-gathering search is "less restrictive than an inventory search" and, hence, "still meets the more stringent requirements of an inventory search." Reduced to essentials, the government's legal theory is that, because su…
discussed Cited as authority (rule) Commonwealth v. Bennett
Mass. Super. Ct. · 2003 · confidence medium
South Dakota v. Opperman, 428 U.S. 364, 372-73 (1976) (the Fourth Amendment prohibits only unreasonable searches and seizures); Ellerbe, 430 Mass. at 773-74 ; Commonwealth v. Caceres, 413 Mass. 749, 750-51 (1992); Commonwealth v. Bishop, 402 Mass. 449, 451 (1988) (Article 14 permits warrantless inventory searches conducted pursuant to standard police procedures); Commonwealth v. Ford, 394 Mass. 421, 426 (1985) (similar).
discussed Cited as authority (rule) Commonwealth v. Nicholson
Mass. App. Ct. · 2003 · confidence medium
We return to this point at note 6, infra. The record leaves it unclear whether the inventory procedure was in writing, see Commonwealth v. Bishop, 402 Mass. 449, 451 (1988), but no point is made of this on appeal.
discussed Cited as authority (rule) Commonwealth v. Naughton (2×)
Mass. Super. Ct. · 2003 · confidence medium
Again, under both federal and state law, the police must act on the basis of written guidelines that establish “standard operating procedures.” Commonwealth v. Bishop, 402 Mass. 449, 451 (1988).
cited Cited as authority (rule) Commonwealth v. Dasilva
Mass. App. Ct. · 2002 · confidence medium
See Commonwealth v. Benoit, 382 Mass. 210, 214-216 (1981); Commonwealth v. Borges, 395 Mass. at 795-797 ; Commonwealth v. Bishop, 402 Mass. 449, 450-452 (1988).
discussed Cited as authority (rule) Commonwealth v. Vuthy Seng
Mass. · 2002 · confidence medium
The defendant now argues that the search was improper because there was no showing that (1) the inventory was conducted according to standard police procedures as required by the Fourth Amendment to the United States Constitution, see Florida v. Wells, 495 U.S. 1, 4-5 (1990); Colorado v. Bertine, 479 U.S. 367, 374 (1987), or that any procedures that were followed were written, as required by art. 14, see Commonwealth v. Bishop, 402 Mass. 449, 451 (1988), or that the search of the wallet was within the scope of any written procedures, id.-, (2) the examination of the back of the bank card was n…
discussed Cited as authority (rule) Commonwealth v. Ellerbe (2×)
Mass. · 2000 · confidence medium
See Colorado v. Bertine, 479 U.S. 367, 374-375 (1987); Commonwealth v. Garcia, 409 Mass. 675, 680-681 (1991); Commonwealth v. Bishop, 402 Mass. 449, 451 (1988).
discussed Cited as authority (rule) Commonwealth v. Peters
Mass. App. Ct. · 1999 · confidence medium
Commonwealth v. Rostad, 410 Mass. 618, 622 (1991), makes clear that the requirement established by Commonwealth v. Bishop, 402 Mass. 449, 451 (1988), that standard police procedures for an inventory search be in writing, applies also to searches of the person.
discussed Cited as authority (rule) Commonwealth v. Leary
Mass. Super. Ct. · 1997 · confidence medium
In Massachusetts, the Supreme Judicial Court has held that, “under article 14 [of the Declaration of Rights], inventory searches of automobiles must be conducted pursuant to standard police procedures, and that those procedures must be in writing.” Commonwealth v. Alvarado, supra at 553, citing Commonwealth v. Bishop, 402 Mass. 449, 451 (1988).
discussed Cited as authority (rule) Commonwealth v. Garner (2×)
Mass. Super. Ct. · 1997 · confidence medium
Commonwealth v. Bishop, 402 Mass. 449, 451 (1988); Commonwealth v. Garcia, 409 Mass. 675, 681 (1991); Commonwealth v. Figueroa, 412 Mass. 745, 748 (1992).
discussed Cited as authority (rule) Commonwealth v. Daley
Mass. · 1996 · confidence medium
While we have imposed a requirement of standardized written guidelines as to the conduct of an inventory search itself, see Commonwealth v. Bishop, 402 Mass. 449, 451 (1988), we have not determined whether the police must have written guidelines delineating the circumstances in which an inventory search may be undertaken.
cited Cited as authority (rule) Commonwealth v. Alvarado
Mass. · 1995 · confidence medium
Commonwealth v. Bishop, 402 Mass. 449, 451 (1988).
discussed Cited as authority (rule) People v. Krueger
Ill. App. Ct. · 1994 · confidence medium
LaFave, Search & Seizure § 7.4, at 32 n.61.4 (2d ed. Supp. 1995), noting Commonwealth v. Bishop (1988), 402 Mass. 449, 451 , 523 N.E.2d 779, 780 (interpreting State constitution as requiring that standard police inventory procedures be written).
cited Cited as authority (rule) Commonwealth v. DeVlaminck
Mass. App. Ct. · 1992 · confidence medium
See Colorado v. Bertine, 479 U.S. 367, 371-372 (1987); Commonwealth v. Bishop, 402 Mass. 449, 451 (1988).
discussed Cited as authority (rule) Commonwealth v. Cassidy
Mass. App. Ct. · 1992 · confidence medium
While the judge apparently denied the defendant’s motion on the ground presented by the prosecutor that the search was valid pursuant to the Douglas police department’s vehicle inventory search policy, the Commonwealth, in its brief, concedes that the policy is invalid under Commonwealth v. Bishop, 402 Mass. 449, 451 (1988).
discussed Cited as authority (rule) Commonwealth v. Ferguson (2×)
Mass. · 1991 · confidence medium
Therefore, even if the Boston police department had an appropriate written inventory search policy in effect, as required by Commonwealth v. Bishop, 402 Mass. 449, 451 (1988), which has not been established, discovery of cocaine pursuant to an inventory search of the defendant's jacket would not have been inevitable at the time of the unlawful search.
examined Cited as authority (rule) Commonwealth v. Garcia (4×) also: Cited "see", Cited "see, e.g."
Mass. · 1991 · confidence medium
Commonwealth v. Bishop, 402 Mass. 449, 451 (1988).
discussed Cited as authority (rule) Commonwealth v. Fuller (2×) also: Cited "see"
Mass. App. Ct. · 1991 · confidence medium
When Trooper Moore conducted the inventory search, he proceeded under a written State Police policy (“OPR-25”) “to conduct and record an inventory of the contents of vehicles towed, removed or stored at the request of the Division [of State police] as the result of a police action.” Since the time of the search in this case, it was held in Commonwealth v. Bishop, 402 Mass. 449, 451 (1988), that police may not open closed containers and examine their contents for purposes of inventory unless written regulations for conducting inventory searches instruct officers in what circumstances th…
discussed Cited as authority (rule) Commonwealth v. Sullo (2×)
Mass. App. Ct. · 1989 · confidence medium
In Commonwealth v. Bishop, 402 Mass. 449, 451 (1988), the (written) police standard for search of motor vehicles was held insufficient because it did not deal with the extent of a lawful search of a “container” found in a vehicle.
discussed Cited as authority (rule) Commonwealth v. Fini (2×)
Mass. · 1988 · confidence medium
Surely, if we accept the validity of the premise that the exclusion from the government's case-in-chief of evidence obtained by unconstitutional means tends to deter that misconduct, a premise which this court has repeatedly accepted, see Commonwealth v. Bishop, 402 Mass. 449, 451 (1988); Commonwealth v. Blood, supra at 77 ; Commonwealth v. Ford, 394 Mass. 421, 426 (1985), it is also reasonable to conclude that the exclusion of such evidence for all purposes will act as a still further deterrent.
cited Cited "see" Commonwealth v. Williams
Mass. Super. Ct. · 2016 · signal: see · confidence high
See Bishop, 402 Mass. at 452 . a.
discussed Cited "see" Commonwealth v. Crowley-Chester
Mass. App. Ct. · 2015 · signal: see · confidence high
See generally Commonwealth v. Bishop, 402 Mass. 449, 451 (1988). 2 On the floor behind the passenger’s seat, Officer Longo found *807 gloves, a ski mask, a hooded sweatshirt, and a pair of sunglasses. 3 In the trunk, the police found a backpack with the defendant’s name, “Atreyo,” inscribed on it.
cited Cited "see" Commonwealth v. Townsend
Mass. · 2009 · signal: see · confidence high
See Commonwealth v. Bishop, 402 Mass. 449, 452 (1988). 8 After an evidentiary hearing, the motion was denied in a written memorandum of decision by a judge who was not the trial judge.
cited Cited "see" Commonwealth v. Pierre
Mass. App. Ct. · 2008 · signal: see · confidence high
See Commonwealth v. Bishop, 402 Mass. 449, 451 (1988).
cited Cited "see" Commonwealth v. Muckle
Mass. App. Ct. · 2004 · signal: see · confidence high
See Commonwealth v. Bishop, 402 Mass. 449, 451 (1988); Commonwealth v. Ellerbe , 430 Mass, at 773.
cited Cited "see" Commonwealth v. Saint Louis
Mass. App. Ct. · 2003 · signal: see · confidence high
See Commonwealth v. Bishop, 402 Mass. 449,451 (1988).
cited Cited "see" Commonwealth v. Caceres
Mass. · 1992 · signal: see · confidence high
See Commonwealth v. Bishop, 402 Mass. 449, 451 (1988).
discussed Cited "see, e.g." United States v. Donnelly (2×)
D. Mass. · 1995 · signal: see, e.g. · confidence low
See, e.g., Commonwealth v. Bishop, 402 Mass. 449 , 523 N.E.2d 779 (1988) (state constitution requires the exclusion of evidence seized during an inventory search not conducted pursuant to standard police procedures.) 11 .
cited Cited "see, e.g." Commonwealth v. Santiago
Mass. App. Ct. · 1991 · signal: see also · confidence low
See also Commonwealth v. Bishop, 402 Mass. 449 (1988).
Commonwealth vs. John R. Bishop
Massachusetts Supreme Judicial Court.
Jun 6, 1988.
523 N.E.2d 779
Claudia R. Sullivan, Assistant District Attorney, for the Commonwealth., James J. Gribouski for the defendant.
Hennessey, Wilkins, Liacos, Abrams, O'Connor.
Cited by 58 opinions  |  Published
O’Connor, J.

This is the Commonwealth’s interlocutory appeal from an order of a judge of the Superior Court suppressing evidence. We transferred the case to this court on our own motion. We affirm the order.

[*450] We summarize the motion judge’s findings. On September 1, 1985, State Trooper Thomas Creighton observed a pickup truck, operated by the defendant, heading east on Route 290 in Worcester in excess of the speed limit. Creighton pursued and stopped the truck. After giving the defendant field sobriety tests, Creighton arrested him and charged him with operating a motor vehicle while under the influence of alcohol.

Creighton radioed the Holden State police barracks, informed a dispatcher of the arrest, and requested a tow truck to remove the defendant’s truck. In response to the dispatcher’s call, Herbert Publicover, who was employed by the Jenkins Shell service station, arrived at the scene of the arrest and towed the vehicle to the station. At the station, Publicover discovered a wallet bulging with money in the cab of the truck. He turned it over to the station’s owner, Charles Jenkins, who called the Holden barracks. Trooper Dennis Mahoney was sent to the station, and Mahoney, Jenkins, and Publicover searched the truck. Two bankbooks and additional cash were found in the cab.

At Mahoney’s direction, Publicover searched the open truck bed, and found a closed, zippered gym bag. With Mahoney next to him, Publicover unzipped the bag and removed its contents. Among other things, the bag contained additional cash wrapped in individual cellophane packets, and a white substance in a clear plastic bag. Upon Mahoney’s return to the Holden barracks, Creighton asked the defendant if the gym bag was his, and the defendant replied, “I have one like it.”

The defendant was indicted for driving while under the influence of alcohol, speeding, possession of cocaine with intent to distribute, and trafficking in cocaine. He moved to suppress all materials found in the gym bag, as well as the money taken from the wallet found in the cab of the truck. He also moved to suppress any statements made to the police on September 1, 1985. The judge suppressed evidence of the gym bag contents and of the defendant’s statement, “I have one like it.” He otherwise denied the motion. The Commonwealth appealed, but the defendant did not.

[*451] The Commonwealth argues that the search of the gym bag was a lawful inventory search. We do not agree. The judge permissibly found that the search was not authorized by any established police policy. Although there was a written State police policy regulating motor vehicle inventory searches, that policy was silent with respect to whether and under what circumstances closed containers should be opened and the contents inventoried. Thus, the written policy does not instruct the officer conducting the search with respect to whether he should inventory the container as one item or should open it and record the contents as separate items.

We have recognized that the existence of standard police procedures is important in determining the lawfulness of an inventory search. Commonwealth v. Wilson, 389 Mass. 115, 117 (1983). Commonwealth v. Hason, 387 Mass. 169, 178 (1982). Commonwealth v. Matchett, 386 Mass. 492, 510 (1982). In Commonwealth v. Ford, 394 Mass. 421 (1985), a police officer found a firearm in plain view when he opened the trunk of the defendant’s vehicle to place valuables in it for safekeeping. Id. at 422. We held that “art. 14 of the Declaration of Rights requires the exclusion of evidence seized during [such] a storage search not conducted pursuant to standard police procedures.” Id. at 426. Consistent with the rules we announced in Ford relative to storage searches, we now hold that art. 14 of the Declaration of Rights requires the exclusion of evidence seized during an inventory search not conducted pursuant to standard police procedures, which procedures, from now on, must be in writing. [1] Our requirement of standard procedures for inventory searches to satisfy the State Constitution parallels the United States Supreme Court’s similar requirement under the Federal Constitution. See Colorado v. Bertine, 479 U.S. 367, 374 n.6 (1987); id. at 376-377 (Blackmun, J.,[*452] concurring); id. at 377-381 (Marshall, J., dissenting). Thus, we conclude that in this case the judge properly suppressed evidence of the contents of the gym bag. Furthermore, the judge properly suppressed the defendant’s statement concerning the gym bag. The statement was the fruit of the unlawful search of the bag. The Commonwealth does not argue that the statement was not the fruit of the search, but contends only that the search was lawful. We affirm the suppression order, and remand this case to the Superior Court for further proceedings.

So ordered.

1

We leave to another day the further question whether an inventory search of a closed container that is conducted pursuant to written standard procedures satisfies art. 14. See Commonwealth v. Ford, supra at 427 (“We do not decide, however, or imply that, if a storage search is conducted pursuant to standard police procedures, evidence seized in the search will be admissible”).