Articles Posted in Constitutional Law

The Massachusetts Appeals Court today determined that a motorist had been properly stopped pursuant to a sobriety roadblock, despite the fact that several of the police officers had not performed their duties pursuant to the operations plan.  The name of the case is Commonwealth v. BakerContinue Reading

The Massachusetts Appeals Court today ruled a defendant who was linked to a crime by data compiled by the GPS bracelet he was wearing had no expectation of privacy in his location because he voluntarily wore the bracelet as a condition of his release in an earlier criminal case.  The name of the case is Commonwealth v. Johnson. Continue Reading

In upholding a defendant’s kidnapping conviction yesterday, the Massachusetts Supreme Judicial Court ruled the defendant had attempted to unlawfully strike women from serving on his jury.  The name of the case is Commonwealth v. William OberleContinue Reading

A Concord District Court judge recently agreed with Attorney Chris Spring that the sobriety roadblock regulations used to stop and seize his client were unconstitutional.  Therefore, it was unlawful for the police to pull over Attorney Spring’s client and all of the evidence against him will be suppressed.  Unless the Commonwealth appeals the judge’s ruling (and the Appeals Court reverses the decision), the case will need to be dismissed. Continue Reading

The Massachusetts Supreme Judicial Court today ruled that double jeopardy principles do not prohibit the prosecutor from charging a defendant with larceny when he was already acquitted of receiving stolen property (related to the same property) at a prior trial.  The name of the case is Commonwealth v. RodriguezContinue Reading

The Massachusetts Supreme Judicial Court today rejected a criminal defendant’s argument that the Commonwealth should not be permitted to retry him after his first trial ended in a mistrial as a result of his attorney’s misconduct.  The name of the case is Commonwealth v. BryanContinue Reading

In a stunning decision today, the United States Supreme Court ruled that drugs taken from a defendant, who was unlawfully stopped and seized by a police officer, should not have been suppressed.  The name of the case is Utah v. Strieff. Continue Reading

In an opinion that should have been obvious, the United States Supreme Court ruled this week that a state supreme court justice should not have considered the appeal of a defendant he had previously prosecuted.  The name of the case is Williams v. Pennsylvania. Continue Reading