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COMMONWEALTH v. CONNOLLY

454 Mass. 808 (2009)

COMMONWEALTH v. EVERETT H. CONNOLLY.

Supreme Judicial Court of Massachusetts, Barnstable.

September 17, 2009.

Attorney(s) appearing for the Case

Ian Stone for the defendant.

Julia K. Holler, Assistant District Attorney, for the Commonwealth.

The following submitted briefs for amici curiae:

Martha Coakley, Attorney General, James J. Arguin & Pamela L. Hunt, Assistant Attorneys General, & David F. Capeless, District Attorney for the Berkshire District & others.

Sharon N. Chaitin-Pollak, Committee for Public Counsel Services, & Beth L. Eisenberg, Committee for Public Counsel Services, for Committee for Public Counsel Services.

John Verdi, of the District of Columbia, & Marc Rotenberg, for Electronic Privacy Information Center.

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

COWIN, J.

A Superior Court jury convicted the defendant of trafficking in cocaine in violation of G. L. c. 94C, § 32E (b) (3), and distribution of cocaine in violation of G. L. c. 94C, § 32A(c). Much of the evidence at trial was obtained as the result of a warrant that was issued to search the defendant's minivan.1 The affidavit attached to the application for the warrant...

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