COMMONWEALTH v. DEMOGENES


14 Mass. App. Ct. 577 (1982)

441 N.E.2d 545

COMMONWEALTH vs. MICHAEL DEMOGENES & another.

Appeals Court of Massachusetts, Middlesex.

November 2, 1982.


Attorney(s) appearing for the Case

Kevin J. Ross, Legal Assistant to the District Attorney, for the Commonwealth.

Frank R. Herrmann for Channon J. Scot.

Steven H. Bowen (Nicholas Macaronis with him) for Michael Demogenes.

Present: PERRETTA, KASS, & SMITH, JJ.


PERRETTA, J.

Pursuant to a warrant, the State police seized gaming paraphernalia from the premises located at 1116 Mammoth Road, Dracut. The defendants moved to suppress the evidence taken, alleging (1) that the warrant failed to describe with sufficient particularity the premises to be searched; and (2) that the officers violated the "knock and announce" rule in executing the warrant. The judge granted the motion on the first ground and denied it on the second. The...

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