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COMMONWEALTH v. NINE HUNDRED & NINETY-TWO DOLLARS

383 Mass. 764 (1981)

422 N.E.2d 767

COMMONWEALTH vs. NINE HUNDRED AND NINETY-TWO DOLLARS & another.

Supreme Judicial Court of Massachusetts, Essex.

June 23, 1981.

Attorney(s) appearing for the Case

James P. Duggan for the defendants.

Dyanne Klein Polatin, Assistant District Attorney, for the Commonwealth.

Robert L. Sheketoff, for Massachusetts Association of Criminal Defense Lawyers, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., BRAUCHER, WILKINS, LIACOS, & NOLAN, JJ.

WILKINS, J.

For the first time since the decision of the United States Supreme Court in Franks v. Delaware, 438 U.S. 154 (1978), we consider principles applicable in this Commonwealth to challenges to the validity of a search warrant based on a claim of factual inaccuracies in an affidavit executed in support of the issuance of that warrant. Although the issue arises in the unusual context of a forfeiture proceeding, our...

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