COMMONWEALTH v. SEPULVEDA


406 Mass. 180 (1989)

546 N.E.2d 879

COMMONWEALTH vs. JOAQUIN G. SEPULVEDA.

Supreme Judicial Court of Massachusetts, Suffolk.

December 5, 1989.


Attorney(s) appearing for the Case

R. Michael Cassidy, Assistant Attorney General, for the Commonwealth.

Thomas Kerner for the defendant.

Present: LIACOS, C.J., NOLAN, LYNCH, O'CONNOR, & GREANEY, JJ.


O'CONNOR, J.

This is the Commonwealth's interlocutory appeal from the allowance by a Superior Court judge of the defendant's motion to suppress evidence that the Massachusetts State police had obtained as a result of searching the defendant's apartment. The judge granted the motion on the ground that the warrant authorizing the search had been executed unlawfully in that the police failed to announce their identity and purpose...

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