Commonwealth v. O'Day

The defendant appeals from the denial of his motion to suppress evidence seized in a search of his home. He also claims error in the denial of his motion to dismiss an indictment for possession of an infernal machine (a grenade simulator) found in his bedroom during the search. Although the warrant authorized a search for “controlled substances” and related equipment and records, the only charge on which the defendant was found guilty was possession of the grenade simulator. He *834was acquitted of possession of cocaine and of a firearm. The issue on appeal is whether there was probable cause to…