Legal Opinion · Dissent

Commonwealth v. Desper

Massachusetts Supreme Judicial Court

Decided December 14, 1994Published

1DissentLiacos, C.J.

I agree with the court that apart from an adequate description of a “controlled buy” the affidavit in this case failed to establish probable cause adequate to support a search warrant. This is so, because the reliability of the anonymous informant was not established either by the other recitations within the affidavit or by independent investigation by the police, sufficient to corroborate the informant’s information. I also agree with the court that a controlled purchase of narcotics, supervised by the police, may corroborate the reliability of an informant’s information sufficiently to…

2Cases cited6 opinions

  1. Commonwealth v. UptonMassachusetts Supreme Judicial Court · 1985
  2. United States v. Jose A. Garcia, United States v. Pablo H. GarciaCourt of Appeals for the First Circuit · 1993
  3. Commonwealth v. WarrenMassachusetts Supreme Judicial Court · 1994
  4. Commonwealth v. BenlienMassachusetts Appeals Court · 1989
  5. Commonwealth v. LunaMassachusetts Supreme Judicial Court · 1991

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