COMMONWEALTH v. GUABA


417 Mass. 746 (1994)

632 N.E.2d 1217

COMMONWEALTH vs. JOSE A. GUABA.

Supreme Judicial Court of Massachusetts, Suffolk.

May 11, 1994.


Attorney(s) appearing for the Case

Paul B. Linn, Assistant District Attorney, for the Commonwealth.

John C. McBride (J. Thomas Kerner with him) for the defendant.

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


NOLAN, J.

This is an interlocutory appeal from an allowance of the defendant's motion to suppress evidence. The motion judge, holding that the search of an apartment pursuant to a validly issued warrant constituted a warrantless search due to the failure of the police to possess the warrant in hand at the commencement of the search, ordered the suppression of the evidence seized during the search. Because we agree that, under art. 14 of the Declaration of Rights of...

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