· 4/30/1980
Commonwealth v. Scala
Citations
- 404 N.E.2d 83
- 380 Mass. 500
- 1980 Mass. LEXIS 1130
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- designation of second floor apartment encompassed search of attic inasmuch as entrance to attic was from second floor apartment and no other apartments shared the attic
- warrants are to be \read without poetic license\ but that proscription \is not also a proscription of common sense\
- “the prerequisite of an appeal as of right is not satisfied here”
- warrant authorizing search of “entire apartment located on the second floor” included third floor attic where attic was directly adjacent to second floor apartment and no other apartments in building had use of attic
- decision at an earlier suppression hearing not binding at subsequent hearing
- denying nonmutual collateral estoppel effect to an earlier suppression hearing
Source: CourtListener parenthetical corpus (CC0).
Judges: Hennessey, Quirico, Braucher, Kaplan, Liacos
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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