no probable cause because court determined that only rational inference supported by affidavit was that defendant stored drugs at places other than his residence
How later courts described this case
- no probable cause because court determined that only rational inference supported by affidavit was that defendant stored drugs at places other than his residence
- presuming juries obey instructions “to base their verdicts solely on the evidence and to exclude emotion or sympathy for either side from their deliberations”
- no probable cause because court determined only rational inference supported by affidavit was that defendant stored drugs at places other than his residence
- affiant alleged that defendant stopped at his residence only after making sale
Written by the judges who cited it.
The opinion
Brown, J.
(concurring). Although this is a close case, I believe it falls within the reasoning of a narrow line of cases, see Commonwealth v. O’Day, 440 Mass. 296, 304 (2003) (collecting cases), and is readily distinguishable from the peculiar circumstances presented in Commonwealth v. Eller, 66 Mass. App. Ct. 564, 570-571 (2006).