Massachusetts v. Sheppard

Boston police sought to obtain a warrant to search the home of Osborne Sheppard, a suspected murderer. Detective Peter O'Malley prepared an affidavit listing the pieces of evidence he hoped to find at Sheppard's home. Since the local court was closed for the weekend and O'Malley could not find a new warrant form, he filled out a previously used form instead. He took this form and the affidavit to the residence of the presiding judge and told him the form required revision and approval. The judge returned the form with his approval, but he did not list the pieces of evidence from the affidavit on the warrant. Police found items from the affidavit in Sheppard's home and charged him with first-degree murder. During Sheppard's trial, the judge stated that the warrant did not conform to Fourth Amendment standards because it did not describe the items to be seized. Because the police acted in good faith upon what they believed was a valid warrant, the judge admitted the items as evidence and Sheppard was convicted. On appeal to the Supreme Judicial Court of Massachusetts, Sheppard successfully argued that the trial judge should have suppressed the evidence since no "good-faith exception" existed for admitting evidence obtained on a faulty warrant.