Commonwealth v. Grimshaw

The defendant appeals from an order of a District Court judge denying the defendant’s motion to suppress physical evidence. At issue is whether a search conducted on December 20, 1990, at 8:50 p.m., pursuant to a warrant authorizing only a daytime search, was invalid and, if so, whether the seized evidence should therefore be suppressed.

Following a District Court bench trial on January 29, 1991, the defendant was convicted of possession with intent to distribute a class A substance and knowingly being present “where heroin is kept.” The defendant appealed to the jury session of the District…