COMMONWEALTH v. CRUZ


430 Mass. 838 (2000)

COMMONWEALTH v. MELQUIDIA E. CRUZ (and nine companion cases).

Supreme Judicial Court of Massachusetts, Plymouth.

March 2, 2000.


Attorney(s) appearing for the Case

Paul M. Koziell for Melquidia E. Cruz.

Frank H. Spillane for Carlos A. Villar.

Elizabeth Doherty for Berto Solano.

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

Richard J. Shea, for Jaime Gonzalez, submitted a brief.

Present: MARSHALL, C.J., ABRAMS, LYNCH, GREANEY, IRELAND, SPINA, & COWIN, JJ.


SPINA, J.

Following a joint trial, a jury convicted the defendants, Melquidia E. Cruz, Jaime Gonzalez, Berto Solano, and Carlos A. Villar, of trafficking in cocaine. On appeal, Cruz, Gonzalez, and Villar claim that the affidavit offered in support of the application for the search warrant for Cruz's apartment failed to establish probable cause and failed to meet the requirements for an anticipatory warrant. Additionally, Villar and Solano claim that the trial judge...

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