Legal Opinion

Commonwealth v. Rivera

Massachusetts Superior Court

Decided December 2, 2005No. 2003450Published

1Opinion of the Court

Welch, Richard E., J.

The defendants have moved to suppress all evidence seized during a warrantless search of an apartment located at 471 South Broadway in Lawrence, Massachusetts. Although I credit the two police officers who testified at the motion to suppress, I find that there does not exist a sufficient nexus between the drugs delivered by Alberico Gomez on Bradford Street in Lawrence, Massachusetts and the apartment where he was allegedly living some distance away. In order to justify a warrantless search of that apartment, based upon exigency, the Commonwealth must establish that there…

2Cases cited7 opinions

  1. Commonwealth v. CinelliMassachusetts Supreme Judicial Court · 1983
  2. Commonwealth v. BlakeMassachusetts Supreme Judicial Court · 1992
  3. Commonwealth v. DiStefanoMassachusetts Appeals Court · 1986
  4. Commonwealth v. AlcantaraMassachusetts Appeals Court · 2002
  5. Commonwealth v. ChongarlidesMassachusetts Appeals Court · 2001

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