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COMMONWEALTH v. LIPOMI

385 Mass. 370 (1982)

432 N.E.2d 86

COMMONWEALTH vs. SALVATORE LIPOMI.

Supreme Judicial Court of Massachusetts, Middlesex.

March 1, 1982.

Attorney(s) appearing for the Case

Kevin C. McLean, Assistant District Attorney, for the Commonwealth.

Robert J. Barker, II, for the defendant.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.

LIACOS, J.

On May 4, 1978, the same State police officer who conducted an invalid search under a defective warrant in the case of Commonwealth v. Accaputo, 380 Mass. 435 (1980), conducted the search in the case at bar. The warrant used here was a warrant similar to the one held invalid in Accaputo. The motion judge in this case held the warrant (issued under G.L.c...

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