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COMMONWEALTH v. ROJAS

403 Mass. 483 (1988)

531 N.E.2d 255

COMMONWEALTH vs. MARCOS A. ROJAS.

Supreme Judicial Court of Massachusetts, Essex.

December 8, 1988.

Attorney(s) appearing for the Case

David A. Grossbaum, Assistant District Attorney (Judith Fabricant, Special Assistant District Attorney, with him) for the Commonwealth.

Michael P. Hickey for the defendant.

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

LIACOS, J.

The Commonwealth, pursuant to Mass. R. Crim. P. 15 (b), as amended, 397 Mass. 1225 (1986), appeals from an order of a judge in the Superior Court granting the defendant's motion to suppress evidence.1 The Commonwealth maintains that the affidavit in support of the warrant to search the defendant's apartment established probable cause under the "Aguilar-Spinelli test." See

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