¶1(dissenting). In addition to the information from an anonymous informant, the affidavit sets out the officer’s discovery from the trash search of “numerous large ziplock baggies, some of which contained [marijuana] . . . [and] paper work in the name []of Efrain Matías [the defendant] of 6 Rock-dale [Street,] 3rd floor, Worcester.” I do not believe this court needs to factor in the other information from the affidavits which the majority deems to be stale. I think that the trash pull in and of itself provides a sufficient basis for a magistrate to find probable cause to issue the initial search warrant. Compare Commonwealth v. Pratt, 407 Mass. 647, 660 (1990).
58 Mass. App. Ct. 231
Commonwealth v. Matias
Decided May 30, 2003
Massachusetts Appeals Court · decided 2003-05-30
Cited by 3 later decisions — most recently September 2005
3 state decisions
Relies on Commonwealth v. Pratt
Good law ✅— No negative treatment on recordhow we know
Decided 2003-05-30
View the full empirical analysis of this case →