COMMONWEALTH v. DOMINGUEZ

No. 01-P-1443.

57 Mass. App. Ct. 606 (2003)

COMMONWEALTH v. RAYNALDO DOMINGUEZ.

Court of Appeals of Massachusetts, Essex.

March 21, 2003.


Attorney(s) appearing for the Case

Thomas E. Hagar for the defendant.

Daniel I. Smulow, Assistant District Attorney, for the Commonwealth.

Present: CYPHER, KANTROWITZ, & COWIN, JJ.


KANTROWITZ, J.

Was it reasonable for the police to believe that 38 Cabot Street in Salem was a single-family house, as opposed to a multi-unit dwelling? If so, the warrant to search the house was valid, despite the police officers' discovery of a second unit within. If not, the warrant was invalid on lack of particularity grounds, and the motion to suppress should have been allowed. We hold that the belief was reasonable and that the trial judge correctly denied the...

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