Commonwealth v. Javier

In the process of applying for a search warrant, it is a necessary element that the observations recited in a supporting affidavit be reasonably contemporaneous with the time of the application. Commonwealth v. Atchue, 393 Mass. 343, 349 (1984). Commonwealth v. Morton, 26 Mass. App. Ct. 949, 950-951 (1988). So, for example, an observation in June, 1990, would generally not support an application for a search warrant presented to a magistrate in November, 1990. It is a serious defect in an affidavit if there is nothing in it which suggests the time the informer saw the illegal items or…