Commonwealth v. Garner

BACKGROUND

Defendant Derek Gamer is charged with two counts of armed robbery while masked, aggravated rape, assault and battery with a deadly weapon and unlawful possession of a sawed-off shotgun. On May 29, 1997, this Court held a hearing on the defendant’s motion to suppress evidence seized at his residence at 1261 Church Street, Building D, Apartment 39 pursuant to a no-knock search warrant. In a Memorandum of Decision and Order dated May 8, 1996, this Court ordered that said evidence be suppressed on the ground that the warrant was executed with impermissible force in violation of the…