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Articles Posted in Search and Seizure

The Massachusetts Appeals Court today reversed a Framingham District Court judge’s suppression order in a drunk driving case, concluding a police officer had reasonable suspicion to stop the car the defendant was driving.  The name of the case is Commonwealth v. Puac-CucContinue reading ›

The Massachusetts Appeals Court today agreed with a Worcester Superior Court judge that a man buying drugs was properly stopped and searched, which led to his conviction for possessing Oxycodone.  The name of the case is Commonwealth v. Santa Maria. Continue reading ›

The Massachusetts Appeals Court today reversed an alleged drug dealer’s convictions because a police officer violated the defendant’s constitutional rights by answering his cell phone.  The name of the case is Commonwealth v. Barrett. Continue reading ›

The Massachusetts Supreme Judicial Court today ruled that when police use automatic license plate readers (ALPRs) to track a suspect’s car as it travels on public roadways, it might constitute a search.  However, in the case being considered, the police limited the use of the ALPR system to track the defendant, so his constitutional rights were not violated.  The name of the case is Commonwealth v. McCarthy. Continue reading ›

The Massachusetts Appeals Court today ruled Boston police officers has acted unlawfully in stopping and searching a man on a public street near Franklin Field Park in Dorchester.  Accordingly, the gun found in the man’s pocket will be suppressed and his case will be dismissed.  The name of the case is Commonwealth v. Kearse. Continue reading ›

The Massachusetts Supreme Judicial Court today substantially limited the number of cases where a judge can order a defendant to wear a GPS monitor while awaiting trial.  The name of the case is Commonwealth v. NormanContinue reading ›

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 ›

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