Legal Opinion

Commonwealth v. Fernandes

Massachusetts Appeals Court

Decided October 26, 2017No. 17–P–137Published

1Opinion of the Court

The defendant was charged with carrying a firearm without a license, unlawful possession of ammunition, and possession of a class D substance (marijuana) with intent to distribute. The defendant moved to suppress "anything recovered as a result of" searches conducted of the defendant's residence and person pursuant to two search warrants. A District Court judge allowed the motion after concluding that the application for the warrants failed to establish probable cause. The Commonwealth obtained approval from a single justice of the Supreme Judicial Court to pursue an interlocutory appeal.…

2Cases cited8 opinions

  1. Aguilar v. TexasSupreme Court of the United States · 1964
  2. Spinelli v. United StatesSupreme Court of the United States · 1969
  3. Commonwealth v. UptonMassachusetts Supreme Judicial Court · 1985
  4. Commonwealth v. ParaparMassachusetts Supreme Judicial Court · 1989
  5. Commonwealth v. AlvarezMassachusetts Supreme Judicial Court · 1996

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