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COMMONWEALTH v. UPTON

394 Mass. 363 (1985)

476 N.E.2d 548

COMMONWEALTH vs. GEORGE L. UPTON.

Supreme Judicial Court of Massachusetts, Barnstable.

April 1, 1985.

Attorney(s) appearing for the Case

Nancy Gertner (David Kelston with her) for the defendant.

Philip A. Rollins, District Attorney (W. James O'Neill & Michael D. O'Keefe, Assistant District Attorneys, with him) for the Commonwealth.

Barbara A.H. Smith, Assistant Attorney General, for the Att rney General, intervener.

William C. O'Malley, District Attorney for the Plymouth District, & others, amici curiae, submitted a brief.

Maureen B. Brodoff, for Committee for Public Counsel Services, amicus curiae, submitted a brief.

Stephen R. Kaplan, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, NOLAN, LYNCH & O'CONNOR, JJ.

WILKINS, J.

We consider the defendant's State law challenges to the denial of his motions to suppress evidence seized pursuant to a search warrant. When this case was before us for the first time, we concluded that the search was unreasonable in violation of the Fourth Amendment to the Constitution of the United States because there was no demonstrated probable cause to issue the search warrant. Commonwealth v. Upton, 390 Mass. 562<...

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