Commonwealth v. Gregory

By Judge Richard E. Moore

The issue in this case is whether there was an intentional or reckless omission of critical information in a search warrant affidavit such that it was misleading and, if so, whether the affidavit can survive and constitute probable cause if the omitted information is included.

The Court previously ruled, on August 31, 2015, that the defendants had made the necessary substantial showing under Franks v. Delaware, 438 U.S. 154 (1978), to require an evidentiary hearing on the issue. That hearing was held on September 25, 2015.

*327 Facts

The operative facts in this case are, on…