Commonwealth v. Pellegrini

The defendant appeals from his convictions for possession of fireworks and illegal storage of fireworks, G. L. c. 148, §§ 39, 40. The sole question on appeal is whether the motion judge erred in denying the defendant’s motion to suppress evidence which was seized pursuant to a warrant the issuing judge intended to sign but, in fact, failed to sign. We transferred the case to this court on our own motion. We affirm the convictions.

The facts are not in dispute.1 On June 28, 1985, police officer Francis X. Fall applied to the Newton District Court *87for a warrant authorizing the search of a garage…