Legal Opinion · Dissent

Commonwealth v. Pina

Massachusetts Supreme Judicial Court

Decided March 19, 2009Published

1DissentCordy, J.

(dissenting, with whom Cowin, J., joins). I disagree with the court’s conclusion that the affidavit supporting the warrant to search the defendant’s apartment failed to establish the requisite nexus between the defendant’s drug activity and his residence, and would reverse the allowance of the defendant’s motion to suppress.

When reviewing the sufficiency of a search warrant application, “we determine whether, based on the affidavit in its entirety, the magistrate had a substantial basis to conclude that a crime had been committed . . . and that the items described in the warrant were related…

2Cases cited18 opinions

  1. Commonwealth v. UptonMassachusetts Supreme Judicial Court · 1985
  2. Commonwealth v. CinelliMassachusetts Supreme Judicial Court · 1983
  3. United States v. Michael L. Lamon, Also Known as Michael L. Anthony, Also Known as Michael L. BlackCourt of Appeals for the Seventh Circuit · 1991
  4. Commonwealth v. O'DayMassachusetts Supreme Judicial Court · 2003
  5. United States v. Timothy PittsCourt of Appeals for the Ninth Circuit · 1993

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