Commonwealth v. Fuller

By Judge Mary Jane Hall

This matter comes before the Court on Defendant’s Motion to Suppress evidence seized pursuant to an allegedly invalid search warrant that was issued without probable cause.

The Court agrees that the search warrant in this matter is fatally defective for its failure to state when the facts alleged in the supporting affidavit took place. Further, the warrant itself does not specify with sufficient particularity the items to be seized. The good faith exception does not apply. Defendant’s Motion to Suppress Evidence seized pursuant to the warrant is granted.

Facts

Norfolk…