Commonwealth v. LongAnnotate this Case
In this matter concerning the search of a warehouse pursuant to a warrant that was issued in part based on the odor of unburnt marijuana the Supreme Judicial Court remanded this matter to the district court for further proceedings, holding that the warrant affidavit supported a finding of probable cause to search the commercial building for evidence of illegal marijuana cultivation.
Defendant filed a motion to suppress due to a lack of probable cause to issue the warrant. Before the district court judge had issued a decision on the motion, the parties requested that the judge report a question to the appeals court. The judge allowed the request and reported the question. The Supreme Judicial Court transferred the appeal to this Court and concluded that the search warrant affidavit established probable cause to search the warehouse for evidence of marijuana cultivation.