Commonwealth v. DeJesus

I

I agree that observations made while securing the premises may not be included in the warrant application. Commonwealth v. Blake, 413 Mass. 823, 830 (1992). I further agree with the opinion’s central holding: the police, who possess probable cause to believe that evidence of criminal activity is present, and are in the process of securing a search warrant,1 may enter the apartment so long as they have a reasonable basis for concluding the evidence will be destroyed.

*538h

Here, two affidavits, totaling fourteen pages, accompanied the warrant application.2 One sentence concerned observations made…