COMMONWEALTH v. MARTINEZ


420 Mass. 622 (1995)

COMMONWEALTH vs. JOSE MARTINEZ, COMMONWEALTH vs. EFRAIN LIRIANO.

Supreme Judicial Court of Massachusetts, Plymouth.

June 19, 1995.


Attorney(s) appearing for the Case

Mary F. Costello for Efrain Liriano.

Mary E. Mullaney, Assistant District Attorney, for the Commonwealth.

Geri Laventis, for Jose Martinez, submitted a brief.

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


WILKINS, J.

On May 15, 1990, members of the Brockton police department executed a "no-knock" search warrant on the first floor apartment of a home at 63 Arthur Street. As some officers sought access by battering through the rear door while announcing in English and Spanish that they were police, two other officers attempted to create a diversion by breaking windows on opposite sides of the house. One of those officers, Arthur McClaren, exchanged shots through a window...

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