The Fourth and Fourteenth Amendments to the U.S. Constitution protect Massachusetts residents from unreasonable searches and seizures by law enforcement when a crime is being investigated. The most accepted and common way for law enforcement officers to ensure compliance with the Fourth Amendment is for them to obtain a valid…
Criminal statutes are not known for their clear, concise language, and the Massachusetts burglary statute is no exception. Indeed, a quick read of the state’s burglary statute will likely leave a reader confused about what constitutes burglary in Massachusetts. However, the crime of burglary can be broken down into a…
A recent Massachusetts appellate case arose when a cop stopped to get coffee during his patrol hours. While in line, there was a commotion in which the defendant argued with the cashier. The cop didn’t hear the discussion but saw the defendant hurry away. After talking to the cashier, the…
In Commonwealth v. Wallace, the defendant appealed from a sentence imposed for an unarmed burglary conviction. He’d pled guilty to larceny from a building and unarmed burglary. The event giving rise to the charges involved his going into a home in the dead of night and stealing many items while…
In Commonwealth v. Sanchez, the Commonwealth of Massachusetts appealed from orders that granted motions to suppress evidence that was seized during the search of codefendants. There were four companion cases. The issue in the case was whether the police had enough of a basis to believe that the codefendants were…
In Commonwealth v. Bermudez, a Massachusetts defendant appealed from his convictions of trespass under M.G. L. c. 266, § 120 and larceny of property over $250 under M.G. L. c. 266, § 30(1). Both convictions arose after the defendant took an unattended laptop at the Boston University library. On appeal,…
In Commonwealth v. Wallace, the defendant appealed from a sentence that was imposed when his probation for an unarmed burglary was revoked. He’d pled guilty, but the court denied his motion to withdraw the plea. The case arose when the defendant entered a home one night and stole various effects…
In Commonwealth v. Coughlin, the jury convicted the defendant of breaking and entering a building at night and possessing tools to commit burglary. The defendant was drinking with his friend in Beverly. The friend drove him to Peabody and waited for him while the defendant broke into a used car…
In Commonwealth v. Fasanelli, a Massachusetts defendant appealed after convictions for breaking and entering and larceny. The case arose in 2012 when a police officer sitting in an unmarked car was monitoring a residential area of Malden for suspicious activities and break-ins. He saw two men approaching from behind the…
Presenting a forged instrument as a genuine instrument (known as “uttering a forged instrument“) is a crime in Massachusetts under General Laws, Chapter 267, Section 5. The Commonwealth must prove that the defendant (1) had the intent to injure or defraud, (2) uttered and published as true a false, altered,…