Articles Posted in Search and Seizure

In a divided opinion, a panel of the Massachusetts Appeals Court today ruled 2-1 that a large amount of cocaine recovered from a car following a motor vehicle stop will be suppressed.  The name of the case is Commonwealth v. Barreto. Continue Reading

The Massachusetts Appeals Court today ruled that the police did not act unreasonably in waiting 85 days to obtain a warrant to search a defendant’s cell phones when the phones were already being held by the police pending trial.  The name of the case is Commonwealth v. Arthur. Continue Reading

The Massachusetts Appeals Court today reversed a defendant’s conviction for possessing heroin and cocaine where the drugs were removed from his rectum without the necessary warrant.  The name of the case is Commonwealth v. JeannisContinue Reading

The Massachusetts Appeals Court today reversed a Lawrence man’s conviction for illegally carrying a firearm because the police arrested him without first establishing probable cause he was committing a crime.  The name of the case is Commonwealth v. SantiagoContinue Reading

The Massachusetts Appeals Court yesterday affirmed multiple gun convictions against a defendant who had argued the cops improperly removed him from a pickup truck and then searched the center console, finding a loaded gun.  The name of the case is Commonwealth v. GalarzaContinue Reading

The Massachusetts Appeals Court today affirmed the conviction of a man who was convicted of a drug dealing crime after he was stopped in Chelsea because he was drinking in public.  The name of the case is Commonwealth v. BonesContinue Reading

The Massachusetts Appeals Court today ruled Boston police officers acted properly in obtaining the cell site location information (CSLI) for the defendant’s phone in order to locate her and remove a gun from the trunk of her car.  The name of the case is Commonwealth v. RaspberryContinue Reading

In a sharply-divided opinion published yesterday, the Massachusetts Appeals Court reversed a district court judge’s decision that Chelsea police officers had conducted an unlawful strip search on a suspected drug dealer.  The name of the case is Commonwealth v. AgogoContinue Reading

The Massachusetts Appeals Court yesterday ruled that drugs seized pursuant to a search warrant will be admissible at the defendant’s trial, despite the fact that the controlled buy that led to the issuance of the search warrant was defective.  The name of the case is Commonwealth v. MonteiroContinue Reading

The Massachusetts Appeals Court today upheld the Boston Police Department’s warrantless seizure of a car that was potentially connected to a murder on Christmas Day of 2013.  The name of the case is Commonwealth v. HolnessContinue Reading