Commonwealth v. MoraAnnotate this Case
The Supreme Judicial Court reversed the denial of Defendant’s motion to suppress evidence recovered pursuant to a search warrant, holding that the search warrant lacked probable cause.
Defendant was indicted on various charges in connection with the possession of an unlicensed firearm. Two of those charges included sentence enhancement as an armed career criminal. Defendant filed a motion to suppress evidence recovered from a safe pursuant to a search warrant and also moved to dismiss the sentence enhancements. Both motions were denied. The Supreme Judicial Court reversed the denial of both motions and remanded the matters to the county court, holding (1) the search warrant that yielded a gun, a magazine, and ammunition lacked probable cause; and (2) the Commonwealth failed to present sufficient evidence to the grand jury to support the armed career criminal enhancements.