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COMMONWEALTH v. KAUFMAN

381 Mass. 301 (1980)

408 N.E.2d 871

COMMONWEALTH vs. STEPHEN KAUFMAN & another.

Supreme Judicial Court of Massachusetts, Suffolk.

August 5, 1980.

Attorney(s) appearing for the Case

Stephen R. Kaplan, Assistant District Attorney, for the Commonwealth.

John C. McBride for the defendants.

Present: HENNESSEY, C.J., KAPLAN, WILKINS, LIACOS, & ABRAMS, JJ.

KAPLAN, J.

Here is the familiar question whether the affidavit of a police officer furnished probable cause for the issuance of a search warrant. The experienced judge below held, in the light of Aguilar v. Texas, 378 U.S. 108 (1964), and other authorities, that probable cause was not shown, and accordingly he suppressed materials recovered under the warrant. From that decision...

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