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
