Commonwealth v. Kiley

This is an appeal by the Commonwealth from a pretrial order by a District Court judge suppressing the fruits of a search of a dwelling executed pursuant to a warrant. See G. L. c. 278, § 28E, inserted by St. 1979, c. 344, § 45; Mass.R.Crim.P. 15(a)(2), 378 Mass. 882 (1979). The order was based on the judge’s conclusion that the affidavit presented in support of the application for the warrant did not measure up to the requirements of Aguilar v. Texas, 378 U.S. 108 (1964), and Spinelli v. United States, 393 U.S. 410 (1969). The affidavit, sworn out by a police detective, detailed ten tips by…