Commonwealth v. Gauthier

I agree that, under Commonwealth v. Callahan, supra, the warrant in this case was defective because it did not indicate on its face that it was an anticipatory warrant. However, I think the larger issue, briefed and argued by the parties, should be addressed because it raises a serious constitutional question. For that reason, a summary of the relevant facts, as found by the motion judge and amplified by the record, together with my separate analysis of additional issues follow.

Facts. During the week of October 25, 1992, Lieutenant John LeBrasseur, an experienced narcotics investigator,…