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Articles Posted in Search and Seizure

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Massachusetts Court Addresses Voluntariness of Statement in Light of Defendant’s Drug Use

Earlier this month, a state appellate court issued an opinion in a Massachusetts murder case requiring the court to determine whether the defendant’s statement to police was improperly admitted into evidence at trial. Ultimately, the court rejected the defendant’s arguments, affirmed the trial court’s decision to admit the statements, and…

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Massachusetts Court Holds the Use of Pole Cameras Must Be Supported by Probable Cause

Earlier this month, the Massachusetts Supreme Judicial Court issued an opinion in a drug case, requiring the court to determine whether the lower court properly dismissed the defendants’ motion to suppress. The court ultimately held that the lower court improperly denied the motion because that court determined the police officers’…

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Massachusetts Court Discusses Miranda Requirements in Recent Criminal Case

Earlier this year, a state appellate court issued a written opinion in an unusual, but highly relevant, case. The case involved a crime prohibiting the removal of human remains; however, more importantly, the case is a good illustration of Massachusetts constitutional law as it pertains to statements given to police.…

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Massachusetts Court Allows Introduction of Photos from Digital Camera Found in Defendant’s Apartment

Earlier this month, an appellate court issued an opinion in a Massachusetts homicide case, discussing the defendant’s motion to suppress images taken from a digital camera found in the defendant’s apartment. Ultimately, the court concluded that the admission of the photos was not improper, and affirmed the defendant’s conviction. The…

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Court Orders the Release of Information Related to the Use of a Confidential Informant in Recent Boston Drug Case

Earlier this year, a state appellate court issued a written opinion in a Boston drug case involving the defendant’s motion for additional discovery related to the confidential informant that police officers used to conduct the pre-arranged buys that lead to the defendant’s arrest. Police officers frequently use confidential informants, rather…

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U.S. Supreme Court Issues Important Opinion Affecting Many Massachusetts Traffic Stops

Earlier this month, the U.S. Supreme Court issued an opinion that will have a significant impact on many Massachusetts criminal law cases. The opinion, Kansas v. Glover, presented the court with the question: whether a police officer can reasonably assume that the person who is operating a motor vehicle is…

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Massachusetts Court Disapproves of Police Officers’ “Search” of Cell Phone

Earlier this month, a state appellate court issued a written opinion in a Massachusetts homicide case discussing the defendant’s motion to suppress evidence that was obtained from a cell phone that was in his pocket when he was arrested. Ultimately, the court concluded that while police officers legally seized the…

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Massachusetts Appellate Court Affirms Suppression of Gun Found During Inventory Search

Earlier this year, a state appellate court issued a written opinion in a Massachusetts gun case involving the legality of an inventory search that was performed by the arresting officers. Ultimately, the court concluded that the inventory search was not permissible because there was a passenger in the car that…

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Massachusetts Court Grants Motion to Suppress after Defendant Exits Vehicle after Traffic Stop

Late last month, a state appellate court issued a written opinion in a Massachusetts gun case requiring the court to determine if the police officers legally stopped the defendant. Ultimately, the court concluded that the officers lacked reasonable suspicion to believe that the defendant was armed and dangerous. As a…

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Massachusetts Court Holds Police Officers Lacked Justification to Order Motorist Out of His Car

Recently, the state supreme court issued an opinion in a Boston drug crime case involving a large quantity of drugs that was seized after the police ordered the defendant out of his car. The case discusses the type of evidence that a police officer must have to order a motorist…

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