Articles Posted in Search and Seizure

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 ›

In a split decision, the Massachusetts Appeals Court today upheld the gun conviction resulting from a motor vehicle stop by a state trooper in Lawrence.  The name of the case is Commonwealth v. SilveloContinue reading ›

The Massachusetts Appeals Court today concluded Barnstable police officers acted in a constitutional manner in seizing a home invasion suspect’s cell phone without a warrant.  The name of the case is Commonwealth v. Fencher. Continue reading ›

The Massachusetts Appeals Court today reversed a superior court judge’s order suppressing evidence seized pursuant to a warrant that implicated the defendant in participating in the multi-million dollar burglary of a jewelry manufacturer in Attleboro in 2008.  The name of the case is Commonwealth v. MurphyContinue reading ›

The Massachusetts Supreme Judicial Court today ruled that the police must ordinarily obtain a search warrant before obtaining the real-time location of a suspect’s cell phone.  The name of the case is Commonwealth v. AlmonorContinue reading ›

The Massachusetts Appeals Court today upheld a Suffolk Superior Court judge’s order suppressing a gun found during the execution of a search warrant, because the information contained in the warrant application was two months old.  The name of the case is Commonwealth v. HartContinue reading ›