Articles Posted in Search and Seizure

The Massachusetts Supreme Judicial Court today upheld a superior court judge’s decision to prohibit the Commonwealth from introducing evidence seized by the police from a cell phone found in the defendant’s pocket when he was arrested in connection with a murder investigation.  The name of the case is Commonwealth v. BarillasContinue reading ›

A Lowell District Court judge today dismissed serious firearms charges against Attorney Chris Spring’s client after Attorney Spring successfully argued the stop that led to the discovery of the gun was unconstitutional.  As a result, the defendant will not be subject to the mandatory minimum 18-month jail sentence that accompanies the charges he was facing. Continue reading ›

The Massachusetts Appeals Court today upheld a superior court judge’s decision to suppress more than 100 grams of cocaine discovered during the execution of a search warrant at a New Bedford apartment, concluding that the warrant failed to establish probable cause to believe drugs would be discovered in the defendant’s home.  The name of the case is Commonwealth v. PonteContinue reading ›

The Massachusetts Appeals Court today ruled that a probation officer’s search of a probationer’s cell phone, without a warrant, was constitutionally permissible.  The name of the case is Commonwealth v. Shipps. Continue reading ›

The Massachusetts Supreme Judicial Court today ruled a district court judge correctly suppressed a gun found by Boston police officers during an inventory search of the defendant’s car after a valid motor vehicle stop.  The name of the case is Commonwealth v. Goncalves-MendezContinue reading ›

The Massachusetts Supreme Judicial Court today clarified the constitutional standard that must be satisfied by the Commonwealth to uphold a police officer’s exit order and patfrisk of a motorist.  The name of the case is Commonwealth v. Torres-Pagan. Continue reading ›

The Massachusetts Supreme Judicial Court today agreed with the Appeals Court that a superior court judge had erroneously ruled a large amount of cocaine has been properly seized by the police.  The SJC’s ruling means the drugs will no longer be admissible at the defendant’s trial and he will likely go free.  The name of the case is Commonwealth v. Barreto. Continue reading ›

The Massachusetts Appeals Court today clarified the standard required for a police officer to obtain a blood sample from a person who is being investigated for driving under the influence of alcohol.  The name of the case is Commonwealth v. DennisContinue reading ›

A Somerville District Court judge today allowed Attorney Chris Spring’s motion to suppress evidence found during the execution of a search warrant at his client’s apartment, resulting in the dismissal of his case (where he was charged with unlawfully possessing ammunition). Continue reading ›

In an important case delivered today, the Massachusetts Supreme Judicial Court drastically changed the analysis for determining if a suspect has been seized by the police in the constitutional sense.  The name of the case is Commonwealth v. MattaContinue reading ›