MA: Justification for no-knock shown by risk of destruction of evidence because def’s apartment on 3d floor with locked outside door

A no-knock entry to prevent destruction of evidence was justified by the fact defendant’s apartment was on the third floor and police had to navigate a locked first floor door before they got to his apartment. Commonwealth v. Silva, 2018 Mass. App. LEXIS 145 (Oct. 22, 2018).

Defendant’s Franks challenge doesn’t rise to the required “substantial preliminary showing.” Omission of reference to a largely inaudible record wasn’t material to the probable cause issue. Moreover, the officer limited his observations in the affidavit. There were gaps of time in the information provided, but the court finds probable cause on the whole of the affidavit because the things sought in the search warrant are likely to be kept, and this overcomes the staleness challenge. United States v. Essing, 2018 U.S. Dist. LEXIS 180376 (N.D. Iowa Oct. 22, 2018).*

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