Commonwealth v. Querubin, 60 Mass. App. Ct. 695 (Mass. App. Div. 3/24/2004), No. 03-P-370.
| Decision Date | 24 March 2004 |
| Docket Number | No. 03-P-370. |
| Citation | 60 Mass. App. Ct. 695 |
| Parties | COMMONWEALTH <I>v.</I> HECTOR QUERUBIN. |
| Court | Massachusetts Appellate Division |
Present: DUFFLY, DREBEN, & KAFKER, JJ.
Constitutional Law, Search and seizure. Search and Seizure, Affidavit, Probable cause. Probable Cause.
An affidavit supporting the Commonwealth's application for a warrant to search a criminal defendant's residential apartment provided a substantial basis for concluding that a crime had been committed, and that the items described in the warrant were related to the criminal activity and were likely to be found in the defendant's apartment. [698-700]
INDICTMENT found and returned in the Superior Court Department on October 17, 2000.
A pretrial motion to suppress evidence was heard by Charles T. Spurlock, J.
An application for leave to prosecute an interlocutory appeal was allowed by Robert J. Cordy, J., in the Supreme Judicial Court for the county of Suffolk, and the appeal was reported by him to the Appeals Court.
Brian J.S. Cullen, Assistant District Attorney, for the Commonwealth.
Andrew M. D'Angelo (Reinaldo Gonzalez with him) for the defendant.
The Commonwealth appeals from the allowance of the defendant's motion to suppress evidence obtained pursuant to a warrant to search apartment 4, 43 Revere Beach Boulevard in Revere. The search warrant was supported by the affidavit of Mark S. Marron, a Massachusetts State police officer with extensive experience in narcotics investigations. Following execution of the warrant, the defendant and one William Serna were each indicted for, among other things, trafficking in a controlled substance, more than 200 grams of cocaine.
To continue reading
Request your trial