Commonwealth v. Melendez

A judge in the District Court allowed the defendant’s motion to suppress the fruits of a search conducted by Worcester police on May 7, 1987. The Commonwealth’s *54application to pursue an interlocutory appeal was allowed. See Mass. R. Crim. P. 15 (a) (2), 378 Mass. 883 (1979). We agree with the motion judge that the affidavit in support of the search warrant in this case failed to establish probable cause.

On May 6, 1987, Detective Daniel F. O’Connor of the Worcester police department’s vice squad applied for a warrant to search apartment 3 at 19 Great Brook Valley Avenue in Worcester. The…