COMMONWEALTH v. TRUAX


397 Mass. 174 (1986)

490 N.E.2d 425

COMMONWEALTH vs. SCOTT TRUAX.

Supreme Judicial Court of Massachusetts, Worcester.

March 25, 1986.


Attorney(s) appearing for the Case

Claudia R. Sullivan, Assistant District Attorney, for the Commonwealth.

Jeffrey M. Chasse (Robert E. George with him) for the defendant.

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


HENNESSEY, C.J.

This appeal raises two related issues: first, whether the affidavit of a police officer was so defective in form and construction that it failed to establish probable cause to support the issuance of a search warrant; and, second, whether certain asserted defects in the warrant itself rendered invalid the warrant and the search conducted pursuant to the warrant. Following the execution of a search warrant at his home, the defendant was arrested on...

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