Commonwealth v. Rutkowski

We deal with a claim, raised under the Constitutions of the Commonwealth and of the United States, and G. L. c. 276 § 2 (1988 ed.), that a search of the defendant’s residence pursuant to a search warrant was unlawful. The search warrant authorized the seizure of “[s]tolen handguns, jewelery [sic] and coins which are more specifically detailed in the supporting affidavit.” Also involved, if the seizure of incriminating evidence was unlawful, is the question whether, in the circumstances, the evidence should have been suppressed. We conclude that the defendant’s motion to suppress should have…