COMMONWEALTH v. VALERIO


449 Mass. 562 (2007)

COMMONWEALTH v. CARLOS VALERIO.

Supreme Judicial Court of Massachusetts, Middlesex.

July 20, 2007.


Attorney(s) appearing for the Case

Vincent F. Ricciardi for the defendant.

Joseph Gentile, Jr., Assistant District Attorney, for the Commonwealth.

Nona E. Walker, Committee for Public Counsel Services, for Committee for Public Counsel Services, amicus curiae, submitted a brief.

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


GREANEY, J.

Officers of the Hudson police department seized cocaine, suspected drug packaging materials, various papers, and United States currency during a search of the defendant's apartment conducted on September 16, 2003. The warrant authorizing the search correctly described the place to be searched, but because of an error in the warrant application, the warrant did not describe the particular items intended to be...

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