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Commonwealth v. David L. Monosson (And a

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eBook details

  • Title: Commonwealth v. David L. Monosson (And a
  • Author : Supreme Judicial Court of Massachusetts
  • Release Date : January 03, 1966
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 72 KB

Description

An affidavit by an applicant for a search warrant on the printed form of affidavit prescribed by G. L. c. 276, § 2B, stating in longhand in paragraph 2 merely ""Information from a reliable informant, whose information has proved reliable in the past,"" did not conform to the requirements of the statute. [328-329] Upon an application for a search warrant with an inadequate affidavit not conforming to the requirements of G. L. c. 276, § 2B, such inadequacy cannot be cured by sworn oral testimony presented to the magistrate to whom the application is made; and a warrant issued on such an application is invalid and evidence obtained thereby must be suppressed. [330]


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