Commonwealth v. Scalise

The defendants were indicted for possession of cocaine and marihuana with intent to distribute and for possession of ephedrine. 2 All indictments arise as a result of the execution of a search warrant by the police at an apartment shared by the defendants. Prior to trial, the defendants moved to suppress all items seized under the warrant. The only issue argued to the motion judge was that entry under the warrant was illegal because the police failed to knock and identify themselves before they entered the defendants’ apartment. 3 The judge allowed the motions to suppress. A single justice of…