NO. SJC-10824 PURSUANT TO GLC 211, 5 3 FROM ... - Mass Cases

placed on probation prior to trial and prior to
conviction or entry of a plea of guilty or admission
to facts sufficient for a finding of guilty." Emphasis
added. Emelio, supra at 1024. Also of significant
importance is the fact that this Court concludedthat
the distinction between G.L.c. 276, $ 87 and G.L.c.
276, 3 58, had "no bearing on our resolution of this
I1
cnse. Emelio, supra at n. 3.
Therefore, based on Raposo and Emelio, supra,
as a matter of judicial precendence (stare decisis),
the issue is now well settled thatapretrialdefendant
cannot be required to wear a global positioning system
(GPS) device (pursuant to G.L.c. 265, 471, whether
he is released from custody on pretrial probation
pursuant to G.L.G. 276, 5 87 (Raposo, supra a t 740),
or bail pursuant to G.L.c. 276, 5 58 (Emelio, supra
at n. 3). Moreover, as a matter of statutory inter-
pretation, this Court concluded from the language
and history of G.L.c. 265, s 47, "that the Mass-
achusetts legislature intends a global positioning
system requirement to apply only to convicted
individuals." Raposo, supra at 748.
Though both Raposo and Emelio were charged with
sex offenses, as defined by G.L.c. 6, § 178C);
however, Emelio was awaiting trial and had "not