Legal Opinion

Commonwealth v. Fontaine

Massachusetts Appeals Court

Decided January 21, 2014No. 12-P-1113PublishedCited by 9 opinions

1Opinion of the CourtAgnes, J.

This is an interlocutory appeal by the Commonwealth from the allowance of the defendant’s motion to suppress a firearm and ammunition seized by officers of the Boston police department from a motor vehicle pursuant to a search warrant. The motion judge concluded that the affidavit submitted in support of the warrant failed to establish probable cause. For the reasons that follow, we reverse.

Background. The warrant in question was issued on the basis of an affidavit prepared by Boston police Detective James R. Sheehan. It informed the magistrate of the following facts.1 On December 9, 2010, at…

2Cases cited35 opinions

  1. Brinegar v. United StatesSupreme Court of the United States · 1949
  2. United States v. VentrescaSupreme Court of the United States · 1965
  3. Johnson v. United StatesSupreme Court of the United States · 1948
  4. Nix v. WilliamsSupreme Court of the United States · 1984
  5. Commonwealth v. CinelliMassachusetts Supreme Judicial Court · 1983

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3Cited by9 opinions

  1. Commonwealth v. OvermyerMassachusetts Supreme Judicial Court · 2014
  2. Commonwealth v. Ilya I., a juvenileMassachusetts Supreme Judicial Court · 2015
  3. Commonwealth v. LongMassachusetts Supreme Judicial Court · 2019
  4. Commonwealth v. LockeMassachusetts Appeals Court · 2016
  5. Commonwealth v. MeneideMassachusetts Appeals Court · 2016

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