Commonwealth v. Muller

The defendant Michael Muller has moved to suppress the identification of him by the alleged victim, the statements made by his girlfriend when the police entered the home in which he resided, the dismantled handgun that was found in a garbage bag outside that home, and the statements he made to the police following his arrest. On September 28, 2004, following an earlier evidentiary hearing, this Court held that the arrest warrant for the defendant was void and invalid as a matter of Massachusetts constitutional law because the Assistant Clerk had failed to sign the warrant. See Findings of…