Commonwealth v. Forbes

In this interlocutory appeal, the defendant, Jason Forbes, seeks reversal of orders by two different judges in the Superior Court, one denying the defendant’s motion to suppress and the other denying the defendant’s request for a hearing pursuant to Franks v. Delaware, 438 U.S. 154 (1978) (Franks). The defendant argues that the judge deciding the motion to suppress erred in concluding that a second search warrant affidavit established independent probable cause to search the defendant’s apartment. He further argues that the police’s exploitation of an improper search requires suppression of…