Com. v. Gallinaro
| Decision Date | 30 December 1971 |
| Citation | 277 N.E.2d 527,360 Mass. 868 |
| Parties | COMMONWEALTH v. Robert L. GALLINARO (and nine companion cases). |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Thomas C. Cameron, for defendants.
James E. Foley, Asst. Dist. Atty., for the Commonwealth.
Before TAURO, C.J., and CUTTER, QUIRICO, BRAUCHER and HENNESSEY, JJ.
RESCRIPT.
The defendants, after trial before a judge sitting without a jury, were convicted of various gaming offences. Their appeals are before us under G.L. c. 278, §§ 33A--33G. The judge denied motions to suppress evidence taken under a search warrant issued by another Superior Court judge upon the basis of an affidavit submitted by a State police officer. The affidavit reported extended surveillance of premises in Brighton and of telephone calls to those premises. The defendants contend that errors in setting out motor vehicle registration numbers and descriptions of vehicles cast such doubt on the truth of the affidavit as to indicate that it was intentionally false and that, in fact, no surveillance took place on the dates mentioned. After hearing largely oral evidence, the judge found 'that the errors * * * were not false representations but inadvertences unrelated * * * to an intention to deceive.' He in effect inferred that the errors may have been caused by 'erroneous information furnished by the Registry of Motor Vehicles,' or by 'an inconsequential error of observation.' He concluded (1) that the errors were insignificant, (2) that the evidence did not demonstrate the affidavit was not 'in good faith,' and (3) that it was 'based on facts sufficient . . . to establish probable cause.' Our review of the evidence, which need not be stated here, shows that his findings and conclusions were well warranted. See COMMONWEALTH V. MURRAY, MASS., 269 N.E.2D 641.A There was no need to furnish the defendants a transcript of the State police officer's grand jury testimony. It was examined by the judge and marked for identification. That transcript has also been examined here. It would have afforded the defendants no help. Compare COMMONWEALTH V. DE CHRISTOFORO, MASS., 277 N.E.2D 100,B where the disputed grand jury minutes were not marked for identification. Other assignments of error are not argued. See S.J.C. Rule 1:13, 351 Mass. 738.
Judgments affirmed.
a. Mass.Adv.Sh. (1971) 887, 892--893.
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Com. v. Reynolds
...548, 269 N.E.2d 641, 645 (1971); Commonwealth v. Perez, 357 Mass. 290, 301-302, 258 N.E.2d 1 (1970). See also Commonwealth v. Gallinaro, 360 Mass. 868, 277 N.E.2d 527 (1971). We have also said the contrary of "inaccuracies not going to the integrity of the affidavit." Commonwealth v. Rugabe......
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Com. v. Cohen
...record to warrant holding that the trial judge was in error in finding no deliberate misrepresentation. See Commonwealth v. Gallinaro, 360 Mass. 868, 869, 277 N.E.2d 527 (1971); Commonwealth v. Reynolds, --- Mass. --- A, 370 N.E.2d 1375 (1977); Commonwealth v. Kinnitt, 2 Mass.App. 810, 308 ......
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Gallinaro v. Com.
...chose to argue that assignment of error upon appeal, and other assignments of error were argued unsuccessfully. Commonwealth v. Gallinaro, Mass., 277 N.E.2d 527, a cert. den. sub nom. Gallinaro v. Massachunsetts, 406 U.S. 945, 92 S.Ct. 2044, 32 L.Ed.2d Following the denial of their petition......
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Com. v. Rugaber
...probable cause for a search.' Commonwealth v. Murray, 359 Mass. 541, 548, 269 N.E.2d 641, 646 (1971). Cf. Commonwealth v. Gallinaro, 360 Mass. 868, 277 N.E.2d 527 (1971). The present case is a close one, since the description of the place to be searched is 'to be read without poetic license......