COMMONWEALTH v. RUTKOWSKI


406 Mass. 673 (1990)

550 N.E.2d 362

COMMONWEALTH vs. JOSEPH P. RUTKOWSKI.

Supreme Judicial Court of Massachusetts, Plymouth.

February 20, 1990.


Attorney(s) appearing for the Case

Joseph S. Callahan for the defendant.

Mary O'Sullivan Smith, Assistant District Attorney, for the Commonwealth.

Present: LIACOS, C.J., WILKINS, ABRAMS, O'CONNOR & GREANEY, JJ.


WILKINS, J.

We deal with a claim, raised under the Constitutions of the Commonwealth and of the United States, and G.L.c. 276 § 2 (1988 ed.), that a search of the defendant's residence pursuant to a search warrant was unlawful. The search warrant authorized the seizure of "[S]tolen handguns, jewelery [sic] and coins which are more specifically detailed in the supporting affidavit." Also involved, if the seizure...

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