Commonwealth v. Atchue

The defendant appeals from the denial of his motion to suppress evidence. The defendant asserts that the affidavit in support of a search warrant was insufficient to establish probable cause in that it: (1) failed to show the reliability and credibility of the sole informant, and (2) did not indicate on its face that the information supplied by the informant was timely. We reject these arguments and conclude that under the “two-prong test” of Aguilar v. Texas, 378 U.S. 108 (1964), and Spinelli v. United States, 393 U.S. 410 (1969), the affidavit justified the issuance of a search warrant.

The…