Commonwealth v. J.M.
During the course of several months in 2021, DEA agents began a drug investigation on Mascher Street. The agents recognized J.M. from previous investigations and observed him entering and exiting various suspected stash houses with large trash bags suspected to be bulk heroin. Based on their observations, the agents secured a search warrant for J.M.’s residence where they recovered a firearm with an obliterated serial number, a Polymer 80 “ghost” gun, large amounts of ammunition, 70 grams of cocaine, 370 packets of heroin/ fentanyl and dug packing materials. The defense filed a motion to suppress all evidence recovered from J.M.’s residence and argued that there was not sufficient probable cause within the “four corners’ of the warrant to have justified the search. A judge agreed with the defense’s argument that there was not a sufficient “nexus” between the observations the agents made of J.M.’s activity on the street to his residence and held that all items recovered from the house are to be suppressed and not admissible at trial.