Armando Rodriguez of Brockton, Massachusetts lives on Hermon Street in a single family home. Last Friday night, armed with a Search Warrant several police officers stormed his home. They found him in a second floor bedroom. Police obtained the warrant after neighbors complained about high volume foot traffic in the home at all hours of the day and night. Following up on the tip law enforcement officials conducted surveillance. They were able to confirm the complaints of the neighbors. During the search officers found fifty two grams of cocaine. Rodriguez has been charged with Trafficking Cocaine.
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This article says nothing about what information the police had that supported their affidavit in support of the search warrant. Certainly high volume foot traffic with nothing more will not support this issuance of a search warrant. The observations of the neighbors do not give rise to probable cause alone either. It is unlikely that the observations of both viewed collectively without more are legally sufficient to withstand a challenge to the issuance of the search warrant. Massachusetts courts have held that the affidavit in support of the application for the search warrant must provide a substantial basis for concluding that evidence connected to the crime will be found on the premises. While such facts might have been presented to the magistrate or judge who issued the warrant there is nothing reported here that indicates that to be the case.
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