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COMMONWEALTH v. WORNUM

421 Mass. 220 (1995)

COMMONWEALTH vs. FOSTER WORNUM.

Supreme Judicial Court of Massachusetts, Suffolk.

November 3, 1995.

Attorney(s) appearing for the Case

John P. Zanini, Assistant District Attorney, for the Commonwealth.

Jane Climenko Gottschalk for the defendant.

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

WILKINS, J.

The defendant is charged with certain drug and firearms offenses based on items seized during a search of his apartment pursuant to a warrant. Relying on the Fourth and Fourteenth Amendments to the United States Constitution and the common law of the Commonwealth, the defendant moved to suppress that evidence, relying on the fact that, before entering the apartment, the police failed, as the warrant required...

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