Commonwealth v. Garner

Defendants Derek Garner and Markeith Garner are each charged with two counts of armed robbery while masked, aggravated rape, assault and battery with a deadly weapon, and unlawful possession of a sawed-óff shotgun. Defendants now move to suppress evidence seized by police as a result of a search and seizure conducted pursuant to a search warrant. Defendants claim that the search warrant was: (1) issued without probable cause; (2) executed in violation of the knock and announce requirement; and (3) executed with impermissible and excessive force. Defendants argue that the police action…