DISCLAIMER:

These summaries of case decisions are intended for informational purposes only. They are not intended to be interpretations of the law, nor do they encompass the subtleties of each case. Therefore, reference to the original text is indispensable.



Tuesday, November 5, 2013

Lianne Henderson's Summary of "Commonwealth v. Thevenin"

Commonwealth v. Thevenin
82 Mass. App. Ct. 822 (2012)

         The defendant was charged with one count of possession of ammunition without a firearm identification card in violation of G.L. c. 269, § 10(h)(1).  Boston police executed a search warrant for the defendant’s residence and found a .22 caliber bullet on the floor of his room.  The search warrant was in connection with an incident primarily involving the defendant’s brother after police responded to allegations of a shooting.  The defendant’s brother had not been at the residence for two days and the firearm thought to be used in the shooting was found 100 yards away from the residence.  The defendant filed a motion to suppress evidence seized from his room pursuant to the search warrant. He argued that the affidavit was insufficient to establish probable cause that the items identified would be found in the residence because there was no evidence that the weapon from the prior shooting was stored in the house. The trial court judge granted the motion and the Commonwealth filed an interlocutory appeal of the suppression order.
            The Appeals Court of Massachusetts reversed the suppression order.  Search warrants may be issued only upon a finding of probable cause.  The Court found that the items seized were there was a nexus between the defendant’s brother, the crime, and that there was probable cause to believe that the evidence could be found at the residence because the gun was seen on the porch and belonged to the defendant’s brother, who lived there.  Therefore, the order allowing the motion to suppress evidence obtained pursuant to the search warrant was reversed.

Written 7/21/2013