{"id":6065,"date":"2011-12-28T17:43:59","date_gmt":"2011-09-23T14:57:31","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-09-23T14:57:31","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=6065","title":{"rendered":"MA: PC shown for SW for defendant’s shoes on which blood was found"},"content":{"rendered":"

There was probable cause to believe that evidence would be found on defendant\u2019s sneakers which were the subject of the search warrant. \u201cIn determining whether an affidavit justifies a finding of probable cause, the affidavit is considered as a whole and in a commonsense and realistic fashion; inferences drawn from the affidavit need only be reasonable and possible, not necessary or inescapable.\u201d Commonwealth v. Cavitt<\/a>, 460 Mass. 617, 953 N.E.2d 216 (2011)*:<\/p>\n

Although the defendant shed some items of clothing during his escape, he remained dressed, and there was a substantial basis for concluding that the clothes that he did not discard, including footwear, would be found at LaVoice\u2019s apartment. In light of the altercation between the defendant and Ryan, it was reasonable to infer that trace evidence, including blood, tissue, or fragments of clothing, may have transferred between the men, including onto their shoes, and that such evidence would be relevant to the identification of the defendant as the perpetrator of the armed robbery. Similarly, it was also reasonable to infer that the defendant\u2019s clothing, and any scrapes or tears thereto, could provide trace evidence linking the defendant to the purported carjacking of Thompson\u2019s vehicle.<\/p>\n

Based on our review of the four corners of Pioggia\u2019s affidavit, we conclude that it set forth probable cause to search LaVoice\u2019s apartment for items of the defendant’s clothing, including his red and white sneakers. It follows, therefore, that the seizure of the sneakers did not exceed the scope of the search warrant. … <\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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