Commonwealth v. Bergstrom

1. There is no merit to the contention that the affidavit forming part of the application for the search warrant failed to establish probable cause to believe that some of the stolen items would be found in the apartment and in the car identified in the affidavit. 2. In the absence (as here) of any assertion that the affidavit contained a false statement of a material fact, the defendant was not entitled to call the officer who had executed the affidavit as a witness at the pretrial hearing on the motion to suppress the items seized pursuant to the warrant. Commonwealth v. Fleurant, 2 Mass.…