Commonwealth v. Santiago

While I agree that the motion to sup*579press should have been denied in this case, I disagree with the court’s dictum that “the mere assertion that the owner of a residence to be searched owns a dog, even of a breed commonly known to be aggressive, would, standing alone, be insufficient to meet the probable cause standard.” Ante at 577-578. The court takes the view that the presence of a potentially dangerous dog on the premises is merely one factor tending to support the validity of a “no-knock” entry, one that must be combined with other factors (such as the nature of the criminal enterprise,…