Commonwealth v. Upton

We consider the defendant’s State law challenges to the denial of his motions to suppress evidence seized pursuant to a search warrant. When this case was before us for the first time, we concluded that the search was unreasonable in violation of the Fourth Amendment to the Constitution of the United States because there was no demonstrated probable cause to issue the search warrant. Commonwealth v. Upton, 390 Mass. 562, 563 (1983). In a per curiam opinion, the Supreme Court of the United States reversed our judgment, concluding that there was a proper showing of probable cause under the…