COMMONWEALTH v. DeJESUS


439 Mass. 616 (2003)

COMMONWEALTH v. JUAN DEJESUS.

Supreme Judicial Court of Massachusetts, Essex.

June 24, 2003.


Attorney(s) appearing for the Case

James Janda, Assistant District Attorney (Gerald P. Shea, Assistant District Attorney, with him) for the Commonwealth.

Ivan Mercado (Alexandra Rengel with him) for the defendant.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.


GREANEY, J.

The Commonwealth appealed from an order entered in the Superior Court suppressing evidence seized by the police during a search of the defendant's apartment. The search was conducted pursuant to a warrant issued, in part, on a description of cocaine and drug paraphernalia observed by police officers during a prior warrantless "protective sweep" of the apartment following the defendant's arrest.1 After an evidentiary hearing...

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