Commonwealth v. Kaufman

Here is the familiar question whether the affidavit of a police officer furnished probable cause for the issuance of a search warrant. The experienced judge below held, in the light oí Aguilar v. Texas, 378 U.S. 108 (1964), and other authorities, that probable cause was not shown, and accordingly he suppressed materials recovered under the warrant. From that decision, a single justice of this court allowed an interlocutory appeal (G. L. c. 278, § 28E; Mass. R. Grim. P. 15 [b] [2], 378 Mass. 884 [1979]), and the case is here on his report without decision. We agree that the warrant was issued…