COMMONWEALTH v. GONDOLA

No. 89-P-813.

28 Mass. App. Ct. 286 (1990)

550 N.E.2d 880

COMMONWEALTH vs. CHARLES GONDOLA (and three companion cases).

Appeals Court of Massachusetts, Middlesex.

February 22, 1990.


Attorney(s) appearing for the Case

Richard Birke, Assistant District Attorney, for the Commonwealth.

John C. McBride for Charles Gondola.

Robert J. Wheeler, Jr., for Loretta Gondola.

Present: FINE, CUTTER, & JACOBS, JJ.


FINE, J.

A Superior Court judge allowed the defendants' motion to suppress drugs and drug paraphernalia found in their apartment in Somerville during a search authorized by a warrant secured upon a showing of probable cause. The warrant authorized the officers to conduct the search during the nighttime and without knocking and announcing their identity and purpose before entering. The Commonwealth concedes: (1) that there was no basis for the magistrate to dispense...

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