2 Mass. App. Ct. 845 | Mass. App. Ct. | 1974
These appeals under G. L. c. 278, §§ 33A-33G, attack the sufficiency of an affidavit in support of an application for a search warrant (G. L. c. 276, § 2B, inserted by St. 1964, c. 557, § 3) used to search a house and seize items introduced at a trial in which the defendant was found guilty of possession of heroin with intent to sell (Indictment No. 61800) and illegal possession of firearms (Indictment No. 61982). He was sentenced on Indictment No. 61800; Indictment No. 61982 was placed on file, and in the circumstances we do not consider the appeal on that indictment. Commonwealth v. Subilosky, 352 Mass. 153, 165 (1967). Contrast Commonwealth v. Boone, 356 Mass. 85, 88 (1969). From the affidavit it appears that the affiant, a police officer, received information from an informant that a 1971 Cadillac bearing a specified registration number was being used to deliver drugs from a specified house to a specified area in Dorchester. The affidavit then states that the vehicle was followed from the house to the specified area where “known dealers of narcotic drugs, [were] observed to approach the vehicle and pass what appeared to be money and received what appeared to be a bundle of heroin. Observations made from undercover vehicle in the area [sic].” The affidavit in this case is enough like the affidavit held sufficient in Commonwealth v. Duran, 358 Mass. 825 (1971), so as to require the same result. The affidavit in this case does not state in so
Judgment affirmed.