COMMONWEALTH v. UPTON


390 Mass. 562 (1983)

458 N.E.2d 717

COMMONWEALTH vs. GEORGE L. UPTON.

Supreme Judicial Court of Massachusetts, Barnstable.

December 12, 1983.


Attorney(s) appearing for the Case

Nancy Gertner (Susan Sturm & Josephine Ross with her) for the defendant.

Gary A. Nickerson, Assistant District Attorney, for the Commonwealth.

Francis X. Bellotti, Attorney General, & others, amici curiae, submitted a brief.

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


WILKINS, J.

The defendant, in his appeal from numerous convictions, principally challenges the lawfulness of a search conducted pursuant to a search warrant. He asserts that the affidavit presented in support of that search warrant failed to establish probable cause to issue it. The search produced substantial amounts of stolen property that led to the several indictments on which the defendant was convicted. We conclude that, under controlling principles announced...

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