Motion to suppress physical evidence



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COMMONWEALTH OF MASSACHUSETTS

SUFFOLK, ss. WEST ROXBURY DISTRICT COURT

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COMMONWEALTH, *



Plaintiff *

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v. *



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CBP, *


A Juvenile *

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______________ __________________*



MOTION TO SUPPRESS PHYSICAL EVIDENCE
Pursuant to the Fourth Amendment to the United States Constitution and Article 14 of the Massachusetts Constitution, the above-named juvenile hereby moves this Court for an order directing the Commonwealth to suppress the physical evidence seized pursuant to the search warrant for _____ Street, Roslindale, Massachusetts, issued on January 28, 1999:


  1. On January at approximately 7:30 p.m., the defendant PBC, was arrested at ____ St. in Roslindale, Massachusetts by Sergeant Detective. (See attached incident report).

  2. The warrant used by Sergeant Detective and the Boston Police Department to search Street was not issued based on probable cause, and was used in violation of the fourth amendment to the United States Constitution and article fourteen of the Massachusetts Declaration of Rights.

  3. The warrant issued was not based on probable cause, in violation of the principals enunciated in Commonwealth v. Upton, 394 Mass. 363, 374, 476 N.E.2d 548, 556 (1985). The affidavit in support of the application for the search warrant did not meet the Aguilar-Spinelli standard for a warrant based on information from an unknown informant.

  4. The physical evidence seized should not to be admitted as evidence against the defendant, CBP, and should be suppressed, as required by M. G..L. c.276, ยงยง2A, 2B, and 2C. See attached Memorandum of Law.

WHEREFORE, the defendant respectfully prays that this Honorable

Court allow his motion to suppress physical evidence.

Dated:


PBC

By his student attorney,

Deanna C. Cataldo

By his attorney,


Kenneth J. King

BBO#


Suffolk University Juvenile Justice Clinic

350 Broadway

Chelsea, MA 02150

(617) 887-1974



CERTIFICATE OF SERVICE
I, Deanna C. Cataldo, hereby certify that I did serve one copy of the foregoing on Assistant District Attorney by causing the same to be delivered to his office in hand.
________________________

Deanna C. Cataldo


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