Commonwealth v. Sanders
Commonwealth v. Sanders
Opinion of the Court
In this interlocutory appeal, the Commonwealth appeals from the portion of the order allowing the defendant's motion to suppress items obtained during a search of his residence, conducted pursuant to a warrant. We reverse.
The motion judge concluded, as the defendant argued, that the facts asserted in the affidavit did not provide a sufficient nexus with the defendant's residence to establish probable cause to search it. We disagree. "To establish probable cause to obtain a search warrant, the affidavit must 'contain enough information ... to determine that the items sought are related to the criminal activity under investigation, and that they may reasonably be expected to be located in the place to be searched.' " Commonwealth v. O'Day,
Here, an experienced narcotics officer observed the defendant leave his residence on three separate occasions to drive directly to a prearranged location in order to sell drugs to a confidential informant. The contours of each controlled sale through completion were observed by law enforcement officers. On each occasion, the confidential informant stated that the defendant was the seller, and turned over the drugs to the officers. To be sure, the affidavit does not state whether the defendant returned to his residence on any of these three occasions. It is also true that we cannot exclude the possibility that the defendant may also have stored drugs in the car he used to drive to the transactions, rather than in his house. But "[n]o bright-line rule can establish whether there is a nexus between suspected drug dealing and a defendant's home," Commonwealth v. Escalera,
The observations here were sufficient to establish a pattern of behavior connecting the defendant's residence to his drug business. See ibr.US_Case_Law.Schema.Case_Body:v1">id
So much of the order on the defendant's motion as allowed suppression of the evidence recovered in the defendant's home is accordingly reversed, and a new order shall enter denying the motion in its entirety.
So ordered.
Reversed in part.
We have doubt that Commonwealth v. Smith,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.