MA: First time CI still corroborated by “imperfectly executed controlled ‘buy’”

“In this interlocutory appeal by the Commonwealth, we must decide whether the information provided by a first-time, confidential police informant (CI) was sufficiently corroborated by a single, imperfectly executed controlled ‘buy’ of cocaine for the purposes of establishing probable cause for the issuance of a warrant to search the defendant’s apartment. We conclude that the affidavit was sufficient to establish the CI’s basis of knowledge and veracity, and that the information provided by the CI, along with information gathered by the police, as set forth in the affidavit in support of the search warrant, established probable cause. Accordingly, we reverse the order allowing the defendant’s motion to suppress.” Commonwealth v. Monteiro, 2018 Mass. App. LEXIS 81 (June 28, 2018).

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