Commonwealth v. Desper

The Commonwealth challenges an order of a judge of the Superior Court, suppressing evidence seized from apartment no. 3, 91 East Brookline Street in Boston. A *164single justice of this court allowed the Commonwealth’s application for leave to appeal from the suppression order and referred the case to the full court. See Mass. R. Crim. P. 15 (b) (2), as amended, 397 Mass. 1226 (1986). We reverse the order allowing the defendants’ motions to suppress.

On October 30, 1992, Detective Joseph Driscoll of the Boston police department applied for a warrant to search apartment no.3 at 91 East Brookline…