23 Mass. App. Ct. 1017 | Mass. App. Ct. | 1987
1. The finding by the judge in the jury-of-six session that the fourteen-page report on the scenario and content of the film “Women at Play” which was found in the files in the clerk’s office of the primary court had been presented to the assistant clerk of that court before he issued the search warrant was amply supported by the recitation on the face of the affidavit of the officer who applied for the warrant that his report on the film of that name was “attached” to his affidavit as well as “incorporated therein.” The defendant offered no evidence to the contrary (see Commonwealth v. Reynolds, 374 Mass. 142, 150 [1977]; Franks v. Delaware, 438 U.S. 154, 155-156, 171-172 [1978]) although advised that the officer who had made out the affidavit was present in the courtroom and available for questioning. The report was dated four days prior to the application for the warrant, but the magistrate could properly assume that the officer would not be applying for a warrant unless the film in question was still being displayed. The validity of the warrant was not affected by the fact that the officer did not
Judgment affirmed.