Commonwealth v. Littig

Fabricant, Judith, J.

The defendant is charged with trafficking in cocaine in an amount in excess of fourteen grams. He moves to suppress evidence seized as a result of a search of his apartment pursuant to a warrant. After hearing, and review of the affidavit in support of the warrant application, the Court concludes that the motion must be allowed, as the affidavit failed to provide probable cause to believe that contraband would be found in the defendant’s apartment.

THE CONTENTS OF THE AFFIDAVIT

On March 5, 2004, Canton Police Detective Paul Gallagher applied for and received a warrant to…