Commonwealth v. Gomes, 556 N.E.2d 100 (Mass. 1990). · Go Syfert
Commonwealth v. Gomes, 556 N.E.2d 100 (Mass. 1990). Cases Citing This Book View Copy Cite
“mere fact that an unlawful search and seizure has occurred should not automatically result in the exclusion of any illegally seized evidence”
70 citation events (36 in the last 25 years) across 6 distinct courts.
Strongest positive: Commonwealth v. Michael Diaz (massappct, 2025-08-29)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 35 distinct citers.
discussed Cited as authority (verbatim quote) Commonwealth v. Michael Diaz
Mass. App. Ct. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
mere fact that an unlawful search and seizure has occurred should not automatically result in the exclusion of any illegally seized evidence
discussed Cited as authority (rule) Commonwealth v. Shakeem Warner and Melody Walsh
Mass. Super. Ct. · 2025 · confidence medium
Rather, in deciding whether suppression is warranted as a result of a violation, a court must assess “‘the degree to which the violation undermined the . . . governing rule of law,’ and . . . the extent to which exclusion will serve as a deterrent in the future.” Id., quoting Commonwealth v. Gomes, 408 Mass. 43, 46 (1990).[6] At the threshold, I note that Detective Mattos’s affidavit sets out sufficient probable cause to believe that knocking and announcing their presence before executing the search warrant would have put the police officers executing the search warrant in danger.
discussed Cited as authority (rule) Commonwealth v. Michael Andrea (2×)
Mass. Super. Ct. · 2023 · confidence medium
Rather, in deciding whether suppression is warranted as a result of a violation, a court must assess “‘the degree to which the violation undermined the . . . governing rule of law,’ and . . . the extent to which exclusion will serve as a deterrent in the future.” Id., quoting Commonwealth v. Gomes, 408 Mass. 43, 46 (1990).[2] The Appeals Court has addressed the specific issue presented in this case, albeit in dicta.
discussed Cited as authority (rule) Commonwealth v. Fredericq
Mass. · 2019 · confidence medium
We have said that "the mere fact that an unlawful search and seizure has occurred should not automatically result in the exclusion of any illegally seized evidence." Commonwealth v. Gomes, 408 Mass. 43, 46 (1990).
discussed Cited as authority (rule) Commonwealth v. Perez
Mass. App. Ct. · 2015 · confidence medium
We therefore consider whether the evidence seized by the police must be suppressed as a result of the failure to knock and announce their presence in this case. “[A]s a general rule, the mere fact that an unlawful search and seizure has occurred should not automatically result in the exclusion of any illegally seized evidence.” Commonwealth v. Gomes, 408 Mass. 43, 46 (1990) (applying general rule “to violation of the ‘no-knock’ rule”).
discussed Cited as authority (rule) Commonwealth v. Polanco
Mass. Super. Ct. · 2014 · confidence medium
There is no credible dispute that the prosecutor and trooper who sought (and the judge who issued) the SCA order were all proceeding upon a firmly-grounded understanding of the controlling legal standards when the SCA order was obtained in 2010. “[A]s a general rule, the mere fact that an unlawful search and seizure has occurred should not automatically result in the exclusion of any illegally seized evidence.” Commonwealth v. Gomes, 408 Mass. 43, 46 (1990) (Greaney, J.). “[T]he foundation of the exclusionary rule [is the] interest in deterring unlawful police conduct.” Commonwealth v.…
cited Cited as authority (rule) Commonwealth v. Golay
Mass. Super. Ct. · 2010 · confidence medium
Commonwealth v. Scalise, 387 Mass. 413, 421 (1982); Commonwealth v. Gomes, 408 Mass. 43, 45 (1990); Commonwealth v. Macias, 429 Mass. 698, 702 (1999).
cited Cited as authority (rule) Commonwealth v. Bush
Mass. App. Ct. · 2008 · confidence medium
The defendant’s reliance on Commonwealth v. Gomes, 408 Mass. 43, 46 (1990), for his position that the entry was unlawful, is misplaced.
discussed Cited as authority (rule) Commonwealth v. Santiago
Mass. App. Ct. · 2007 · confidence medium
Therefore, we are unable to determine whether the executing officers encountered threats to their safety that would have justified the no-knock entry, see Commonwealth v. Gomes, 408 Mass. 43, 46 (1990), or whether knocking would have been a “useless gesture.” Commonwealth v. Herring, 66 Mass. App. Ct. 360, 365 (2006).
discussed Cited as authority (rule) Commonwealth v. Muller
Mass. Super. Ct. · 2004 · confidence medium
The Supreme Judicial Court “has never accepted the concept of an exclusionary rule under the State Constitution when a search violated the requirements of art. 14 of the Declaration of Rights.” Commonwealth v. Sheppard, 394 Mass. 381, 391 (1985), quoting Commonwealth v. Upton, 394 Mass. 363, 365 (1985). “(T]he mere fact that an unlawful search and seizure has occurred should not automatically result in the exclusion of any illegally seized evidence.” Commonwealth v. Censullo, 40 Mass.App.Ct. 65, 69 (1996), quoting Commonwealth v. Gomes, 408 Mass. 43, 46 (1990).
discussed Cited as authority (rule) Carroll v. State
Md. Ct. Spec. App. · 2003 · confidence medium
See United States v. Espinoza, 105 F.Supp.2d 1015, 1019-21 (E.D.Wis.2000)("... the government’s position that the inevitable discoveiy doctrine trumps the exclusionary rule in cases of knock and announce violations must be rejected .... ”); see also United States v. Shugart, 889 F.Supp. 963, 976-77 (E.D.Tex.1995), aff'd, 117 F.3d 838 (5th Cir.1997), cert. denied, 522 U.S. 976 , 118 S.Ct. 433 , 139 L.Ed.2d 333 (". .. it must be noted that application of the inevitable discovery doctrine to evidence seized after a clear violation of the [federal] ‘knock and announce' statute would complete…
examined Cited as authority (rule) Commonwealth v. Jimenez (3×) also: Cited "see, e.g."
Mass. · 2002 · confidence medium
Commonwealth v. Grimshaw, 413 Mass. 73, 78 (1992), quoting Commonwealth v. Gomes, 408 Mass. 43, 46 (1990).
cited Cited as authority (rule) Commonwealth v. Almeida
Mass. Super. Ct. · 2002 · confidence medium
Commonwealth v. Gomes, 408 Mass. 43, 46 (1990); Commonwealth v. Siano, 52 Mass.App.Ct. 912, 914 (2001), rev. den., 435 Mass. 1108 (2002).
cited Cited as authority (rule) Commonwealth v. West
Mass. App. Ct. · 2002 · confidence medium
Commonwealth v. Gomes, 408 Mass. 43, 45 (1990).
discussed Cited as authority (rule) Commonwealth v. Alves
Mass. Super. Ct. · 2001 · confidence medium
It is to be noted that the Supreme Judicial Court has stated that “the mere fact that an unlawful search and seizure has occurred should not automatically result in the exclusion of any illegally seized evidence.” Commonwealth v. Gomes, 408 Mass. 43, 46 (1990).
discussed Cited as authority (rule) Commonwealth v. Jimenez
Mass. App. Ct. · 2001 · confidence medium
The requirement that the police “knock and announce” at the time of execution of a search warrant is a part of Massachusetts common law, Commonwealth v. Gomes, 408 Mass. 43, 45 (1990), and exists both to protect privacy interests and to minimize the potential for violence or property damage.
discussed Cited as authority (rule) People v. Hoag
Cal. Ct. App. · 2000 · confidence medium
(U.S. v. Marts (8th Cir. 1993) 986 F.2d 1216, 1219 ; U.S. v. Shugart (E.D.Tex. 1995) 889 F.Supp. 963, 976-977 , affd. 117 F.3d 838 (5th Cir. 1997), cert. den. 522 U.S. 976 [ 139 L.Ed.2d 333 ] (Shugart); State v. Martinez (Minn.Ct.App. 1998) 579 N.W.2d 144, 148 ; Com. v. Rudisill (1993) 424 Pa.Super. 313, 316-318 [ 622 A.2d 397 ]; Com. v. Gomes (1990) 408 Mass. 43, 44-47 [ 556 N.E.2d 100, 101-103 ]; but see U.S. v. Hidalgo (D.Mass. 1990) 747 F.Supp. 818 ; People v. Stevens (1999) 460 Mich. 626 [ 597 N.W.2d 53 ] (Stevens).) The latest sister state court to reject these arguments is the Arkansas …
discussed Cited as authority (rule) Commonwealth v. Macias (2×)
Mass. · 1999 · confidence medium
See Richards, supra at 394 ; Rodriguez, supra at 450 ; Commonwealth v. Gomes, 408 Mass. 43, 45 (1990); Scalise, supra at 417, 421 .
cited Cited as authority (rule) Commonwealth v. Acevedo
Mass. Super. Ct. · 1997 · confidence medium
Commonwealth v. Gomes, 408 Mass. 43, 46 (1990); Commonwealth v. Brisson, 31 Mass.App.Ct. 418, 421 (1991) (defendant has the burden of proof to show a violation of the rule).
discussed Cited as authority (rule) Commonwealth v. Sbordone
Mass. · 1997 · confidence medium
Inevitable discovery. “[A]s a general rule, the mere fact that an unlawful search and seizure has occurred should not automatically result in the exclusion of any illegally seized evidence.” Commonwealth v. Gomes, 408 Mass. 43, 46 (1990). “[T]he decision whether to exclude such evidence should properly turn on: (1) the degree to which the violation undermined the principles underlying the governing rule of law, and (2) the extent to which exclusion will tend to deter such violations from being repeated in the future.” Id.
discussed Cited as authority (rule) Commonwealth v. Censullo
Mass. App. Ct. · 1996 · confidence medium
The Supreme Judicial Court has not recognized a “good faith” exception to the exclusionary rule under State law but, in other contexts has stated that “the mere fact that an unlawful search and seizure has occurred should not automatically result in the exclusion of any illegally seized evidence.” Commonwealth v. Gomes, 408 Mass. 43, 46 (1990).
discussed Cited as authority (rule) Commonwealth v. Wornum (2×) also: Cited "see"
Mass. · 1995 · confidence medium
Commonwealth v. Gomes, 408 Mass. 43, 46 (1990).
discussed Cited as authority (rule) Commonwealth v. Antwine (2×) also: Cited "see"
Mass. · 1994 · confidence medium
See Commonwealth v. Goggin, 412 Mass. 200, 202 (1992); Commonwealth v. Gomes, 408 Mass. 43, 45 (1990); Commonwealth v. Sepulveda, 406 Mass. 180, 182 (1989); Commonwealth v. Scalise, 387 Mass. 413, 417 (1982); Commonwealth v. Osorno, 30 Mass. App. Ct. 327, 330-331 (1991); Commonwealth v. Gondola, 28 Mass. App. Ct. 286, 290 (1990).
examined Cited as authority (rule) State v. Stevens (4×)
Wis. · 1994 · confidence medium
See United States v. Nolan, 718 F.2d 589, 601-02 (3rd Cir. 1983); People v. Saechao, 544 N. W.2d 745 , 749 (Ill. 1989); Commonwealth v. Gomes, 556 N.E.2d 100, 102 (Mass. 1990). [2, 3] Whether or not the rule of announcement is constitutionally mandated, it has been a common law requirement in Wisconsin. [2] See Cleveland, 118 Wis. 2d at 622-23; State v. Moss, 172 Wis. 2d 110, 115 , 492 N.W.2d 627 (1992), cert. denied, 113 S. Ct. 1428 (1993).
discussed Cited as authority (rule) Commonwealth v. Rodriguez
Mass. · 1993 · confidence medium
We have cautioned that the probable cause leading to this belief must be based on facts “uniquely present in the particular circumstances,” id., and have noted that the “fact that drugs are involved is, by itself, insufficient to provide the necessary showing.” Commonwealth v. Gomes, 408 Mass. 43, 45 (1990), citing Commonwealth v. Scalise, supra. *451 The magistrate was justified in concluding on the face of the affidavit that there were sufficient facts to allow the officers to enter without announcement.
discussed Cited as authority (rule) Commonwealth v. Grimshaw
Mass. · 1992 · confidence medium
We disagree. “[A]s a general rule, the mere fact that an unlawful search and seizure has occurred should not automatically result in the exclusion of any illegally seized evidence.” Commonwealth v. Gomes, 408 Mass. 43, 46 (1990).
discussed Cited as authority (rule) Commonwealth v. Mendez
Mass. App. Ct. · 1992 · confidence medium
It has been held that “police officers, when seeking a ‘no-knock’ warrant, must convince the issuing magistrate that probable cause exists to believe that the evidence will be destroyed if the ‘knock and announce’ rule is not dispensed with.” Commonwealth v. Gomes, 408 Mass. 43, 45 (1990).
discussed Cited as authority (rule) Commonwealth v. Lopez
Mass. App. Ct. · 1991 · confidence medium
The interests to be considered are these: (i) “the degree to which the violation undermined the principles underlying the governing rule of law” and *550 (ii) “the extent to which exclusion will tend to deter such violations from being repeated in the future. ...” Commonwealth v. Gomes, 408 Mass. 43, 46 (1990).
cited Cited as authority (rule) Commonwealth v. Brisson
Mass. App. Ct. · 1991 · confidence medium
Commonwealth v. Gomes, 408 Mass. 43, 45 (1990).
discussed Cited as authority (rule) Commonwealth v. Chausse (2×) also: Cited "see"
Mass. App. Ct. · 1991 · confidence medium
That rule, an important and long-standing feature of our common law, serves the purpose of “decreasing the potential for violence, protect [ing] . . . privacy, and prevent [ing] . . . unnecessary damage to homes.” Commonwealth v. Gomes, 408 Mass. 43, 45 (1990), quoting from Commonwealth v. Cundriff, 382 Mass. 137, 146 (1980), cert. denied, 451 U.S. 973 (1981).
discussed Cited "see" Commonwealth v. Princiotta
Mass. Super. Ct. · 2014 · signal: see · confidence high
See Commonwealth v. Gomes, 408 Mass. 43, 46 (1990) (holding that the fact that an unlawful search and seizure had occurred does not automatically require exclusion of any illegally seized evidence).
discussed Cited "see" Commonwealth v. Eller
Mass. App. Ct. · 2006 · signal: see · confidence high
See Commonwealth v. Gomes, 408 Mass. 43, 46 (1990) (suppression of evidence seized following a violation of the knock and announce rule is not automatic).
cited Cited "see" Commonwealth v. Ortega
Mass. App. Ct. · 2003 · signal: see · confidence high
See Commonwealth v. Gomes, 408 Mass. 43, 46 (1990); Commonwealth v. Jimenez, 438 Mass. at 222 .
discussed Cited "see" Commonwealth v. Ellis
Mass. Super. Ct. · 1999 · signal: see · confidence high
See Commonwealth v. Gomes, 408 Mass. 43, 46 (1990) (no exclusion of evidence obtained in violation of warrant because it would not provide future deterrence to police); Cromer, 365 Mass. at 525 (even if delay in executing search warrant found to be unreasonable, evidence suppressed only if defendant can demonstrate legal prejudice as a result of the delay).
discussed Cited "see" Commonwealth v. Osorno (2×)
Mass. App. Ct. · 1991 · signal: see · confidence high
See Commonwealth v. Gomes, 408 Mass. 43, 45 (1990).
Commonwealth vs. Raymond Gomes
Massachusetts Supreme Judicial Court.
Jul 12, 1990.
556 N.E.2d 100
Eric Brandt, Committee for Public Counsel Services, for the defendant., Laura Burnham, Assistant District Attorney, for the Commonwealth.
Liacos, Wilkins, Lynch, O'Connor, Greaney.
Cited by 42 opinions  |  Published
Greaney, J.

A jury in the Suffolk Superior Court convicted the defendant of trafficking in cocaine. On appeal, he[*44] challenges the denial of his pretrial motion to suppress evidence seized pursuant to a warrant. We conclude that the evidence should have been suppressed.

The warrant in question, which contained a “no-knock” provision, was executed at an apartment in the Dorchester section of Boston on April 23, 1987. Upon arriving at the apartment, the officers beat the door down with a sledgehammer, while yelling “police.” The officers rushed into the apartment, and found the defendant coming down a staircase from the second floor. While one of the officers secured the defendant, the others searched the apartment. In a second floor room they found, lying on a table in plain view, a substance which later was determined to be 131.80 grams of cocaine. The officers also found other drugs and drug paraphernalia in various places throughout the apartment. Aside from the defendant, no other person was found in the apartment.

In his motion to suppress, the defendant argued that the application provided the magistrate with no factual basis for including a “no-knock” provision in the warrant, and that it therefore violated the principles set forth in Commonwealth v. Scalise, 387 Mass. 413 (1982). While indicating his agreement with this point, the judge nonetheless denied the motion to suppress solely on the ground that the defendant, who did not reside in the apartment, had no reasonable expectation of privacy therein, and consequently lacked standing to challenge the “no-knock” search.

Subsequent to the motion judge’s decision, we decided Commonwealth v. Amendola, 406 Mass. 592 (1990). Under the rule announced in Amendola, which is based on art. 14 of the Massachusetts Declaration of Rights, the defendant, who is charged with a possessory offense, clearly has standing to challenge the search and seizure. Id. at 601 & n.4. The Commonwealth now concedes the point. The Commonwealth also admits that the insertion of the “no-knock” provision in the warrant violated the principles set forth in Scalise, supra, and Commonwealth v. Cundriff, 382 Mass. 137 (1980), cert, denied, 451 U.S. 973 (1981). The Commonwealth argues, however, that we should hold that the evi[*45] dence was properly admitted, either by applying an “inevitable discovery” rule to the facts, or by concluding that some type of “good faith” exception excuses what occurred. Since the Commonwealth did not anticipate the Amendola decision, we choose to exercise our discretion to consider its admittedly new arguments. We reject both as inappropriate to this case.

Although not constitutionally required, the so-called “knock and announce” rule has long featured prominently in our common law. See Commonwealth v. Sepulveda, 406 Mass. 180, 181 (1989); Commonwealth v. Scalise, supra at 420; Commonwealth v. Cundriff, supra at 139-140. The same is also true of the Federal jurisprudence. See Miller v. United States, 357 U.S. 301, 313 (1958) (stating that the requirement is “embedded in Anglo-American law”). The rule serves the vital purposes of “decreasing the potential for violence, protect [ing] . . . privacy, and prevent [ing] . . . unnecessary damage to homes.” Cundriff, supra at 146. See Sepulveda, supra at 182. We have expressly held that police officers, when seeking a “no-knock” warrant, must convince the issuing magistrate that probable cause exists to believe that the evidence will be destroyed if the “knock and announce” rule is not dispensed with. Scalise, supra at 421. The fact that drugs are involved is, by itself, insufficient to provide the necessary showing. Id.

In Commonwealth v. Manni, 398 Mass. 741 (1986), we held that the defendant was entitled to suppression of evidence seized pursuant to a “no-knock” search where the officer had information available that would have justified dispensation with the requirement but had not presented the information to the issuing magistrate. Recently, in Commonwealth v. Gondola, 28 Mass. App. Ct. 286 (1990), the Appeals Court upheld suppression of evidence seized during a “no-knock” search. Like this case, the warrant contained a “no-knock” provision, but there was no basis shown for it. The Appeals Court relied on the Manni case and rejected arguments by the Commonwealth that “the judge should have engaged in a cost-benefit analysis, balancing the seri[*46] ousness of the violation against the harm caused by suppression of the evidence.” Id. at 287.

We agree with the Commonwealth that, as a general rule, the mere fact that an unlawful search and seizure has occurred should not automatically result in the exclusion of any illegally seized evidence. See, e.g., Commonwealth v. Rutkowski, 406 Mass. 673, 676 n.5 (1990); Commonwealth v. Sheppard, 394 Mass. 381, 391 (1985). We further agree that this principle would apply to violation of the “no-knock” rule, which is not clearly constitutionally based. Rather, the decision whether to exclude such evidence should properly turn on: (1) the degree to which the violation undermined the principles underlying the governing rule of law, see Rutkowski, supra at 677, and (2) the extent to which exclusion will tend to deter such violations from being repeated in the future, see Commonwealth v. O’Connor, 406 Mass. 112, 114-115 (1989). See also 1 W.R. LaFave, Search & Seizure § 1.1(f), at 16-17 (2d ed. 1987) (describing the purposes of the exclusionary rule as including deterrence of police misconduct and preservation of the integrity of the law).

There is no basis to excuse compliance with the law in this case. The affidavit prepared by Police Officer Kenneth C. Dorch, who applied for and assisted in the execution of the warrant, contains no information which would support a “no-knock” provision, and the record is devoid of any showing of special need to dispense with the requirement. In executing the warrant, the police officers battered down the door to the apartment with a sledgehammer while announcing their presence and burst into the dwelling. This activity, which was aptly characterized by the defense at the hearing on the motion in the Superior Court as “sledgehammer and announce,” strikes at the very core of the safety, privacy, and personal property interests that the “knock and announce rule” is designed to protect. There exists a clear and substantial violation of a settled rule which if excused would tend to vitiate the rule in its entirety.

There is also no basis for application of either rule argued for by the Commonwealth. An inevitable discovery rule[*47] “ ‘should be applied only when it is clear that “the police officers have not acted in bad faith to accelerate the discovery of the evidence in question.” ’ ” Commonwealth v. O’Connor, 406 Mass. 112, 118 n.5, quoting W.R. LaFave, Search & Seizure § 11.3(a), at. 283 (2d ed. 1987). Officer Dorch had actual knowledge that the affidavit contained no particularized facts which would have shown probable cause to believe that a “no-knock” warrant should issue, and at least constructive knowledge of our decision in the Scalise case, supra, which requires such a showing. See United States v. Leon, 468 U.S. 897, 919 n.20 (1984) (police officers are required to have a reasonable knowledge of what the law prohibits). Despite this knowledge, police officer Dorch obtained and executed the warrant as if its “no-knock” provision was justified. With respect to the Commonwealth’s alternate argument, whether we might recognize some other ground to justify admitting the evidence, notwithstanding the violation of law involved in its seizure, need not be considered because, for the reasons stated, there is no basis in the record which supports the Commonwealth’s position. See discussion in Commonwealth v. Sheppard, 387 Mass. 488, 507 n.20 & 508 (1982), and Commonwealth v. Osborne, 394 Mass. 381, 389-391 (1985). Finally, it has not been made to appear that a remand for the presentation of further evidence would cure these problems.

The judgment of conviction is reversed and the verdict is set aside; the order denying the motion to suppress the evidence seized under the warrant is vacated; and an order shall be entered allowing the motion to suppress. The case is remanded to the Superior Court to determine whether the Commonwealth has any possibility of meeting its proof, see Commonwealth v. Kirouac, 405 Mass. 557, 564 (1989), and, dependent on that determination, for appropriate further orders.

So ordered.