On May 3, 2002, Leominster police executed search warrants for the defendant Charles Hardy’s vehicle and apartment residence. Both warrants authorized a search of the defendant. From the defendant’s person, police seized 267 grams of cocaine and $940 in a tape-wrapped package, a cellular telephone, and a police baton. From his vehicle, police recovered a glossine bag containing over two grams of cocaine. From the apartment, police seized an electronic scale with white powder residue, a small amount of marijuana, baggies with
Following his indictment on charges of trafficking in cocaine and possession of a Class D controlled substance (marijuana), the defendant moved to suppress the evidence seized from his vehicle and his apartment pursuant to the search warrants. A Superior Court judge concluded that the affidavit submitted in support of the search warrant applications
Our inquiry as to the sufficiency of a search warrant application begins and ends with the “four comers of the affidavit.” Commonwealth v. O’Day,
The Leominster police used the informant to make two
Detective Siciliano also conducted independent surveillance of the defendant over a month-long period. During this period, he observed the defendant leave the Coolidge building, drive the gray Nissan pickup to locations in Clinton and Leominster, meet briefly with individuals, exchange items, and leave. Detective Siciliano stated in the affidavit that in his experience, this activity was “common in the illegal distribution of controlled substances.”
Detective Siciliano observed the defendant returning to the Coolidge building and entering apartment 3 on other occasions. Employees of the Coolidge building confirmed that the defendant drove a gray Nissan pickup and lived in apartment 3.
To establish probable cause for a search warrant, an affidavit must “contain enough information for the issuing magistrate 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,
In each of the two controlled buys, the defendant drove directly from his residence to the designated location and conducted a drug transaction. On numerous other occasions, police observed the defendant leave his apartment, drive to locations in Clinton and Leominster, and engage in what ap
A magistrate may draw “ ‘normal inferences as to where a criminal would be likely to hide’ the drugs he sells.” Id. at 302, quoting from Commonwealth v. Cinelli,
The magistrate could infer from the fact that the defendant engaged in multiple transactions during a single trip that he was carrying a large amount of drugs. See Commonwealth v. O’Day,
It was true, as the judge observed, that the confidential informant — so far as the affidavit related — did not state that he had visited apartment 3 and seen drugs there, and thus did not disclose his basis for stating that the defendant kept drugs in
The order allowing the motion to suppress evidence found in the search of the apartment is reversed, and a new order shall enter denying the motion.
So ordered.
Notes
The police submitted the same affidavit in support of each of the search warrant applications.
The items recovered from the defendant’s person were Usted on the return of the search warrant for the apartment and were swept up in the suppression order. The Commonwealth argues that the inadvertent Usting of those items does not warrant their suppression. Because we conclude that the affidavit provided probable cause to search the apartment, we do not reach this argument.
