Articles Posted in Search and Seizure

A divided panel of the Massachusetts Appeals Court today overturned a Boston Municipal Court judge’s order suppressing drug evidence that was discovered when Boston cops searched a brothel without a warrant.  The name of the case is Commonwealth v. OwensContinue Reading

In a 5-2 decision delivered today, the Massachusetts Supreme Judicial Court ruled a Milton police sergeant improperly patfrisked a man (and searched his backpack) who was trespassing at Milton High School.  The search yielded a loaded gun, which the SJC said should have been suppressed.  The name of the case is Commonwealth v. VillagranContinue Reading

The Massachusetts Supreme Judicial Court yesterday reversed a defendant’s gun conviction, ruling the police had improperly viewed the photographs stored on a digital camera found in his backpack that led to the charge.  The name of the case is Commonwealth v. Mauricio. Continue Reading

The Massachusetts Appeals Court today ruled Boston police officers acted unlawfully in chasing a man involved in a marijuana investigation into his house after he fled the scene.  The name of the case is Commonwealth v. MartinContinue Reading

In an important search and seizure case delivered yesterday, the Massachusetts Supreme Judicial Court ruled a police officer may not stop a car to serve a restraining order on its driver absent extraordinary circumstances.  The name of the case is Commonwealth v. SanbornContinue Reading

The Massachusetts Supreme Judicial Court today ruled a Worcester Superior Court judge improperly denied a defendant’s motion to suppress a gun and other contraband found in a safe in his car, where there was no nexus between the safe and the defendant’s drug activities.  The name of the case is Commonwealth v. MoraContinue Reading

The Massachusetts Appeals Court today upheld a Springfield District Court judge’s decision to suppress a gun by concluding the police were engaged in an unlawful protective sweep when the gun was discovered.  The name of the case is Commonwealth v. SaywahnContinue Reading

The Massachusetts Supreme Judicial Court yesterday ruled a police officer cannot prolong an ordinary traffic stop to investigate an unrelated suspected crime unless the officer can articulate specific facts that suggest the crime has been committed.  The name of the case is Commonwealth v. CorderoContinue Reading

In an important decision delivered earlier this week, the Massachusetts Supreme Judicial Court held that police officers need a warrant to search the porch of a multifamily home.  The name of the case is Commonwealth v. LeslieContinue 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