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…
Earlier this month, the Supreme Judicial Court issued a written opinion in a case involving a Massachusetts OUI arrest in which the defendant also had an open container of alcohol in the car. The case required the court to determine if the state’s prohibition on driving with an open container…
Earlier this year, a state appellate court issued a written opinion in a Massachusetts gun case discussing the “intent” element that must be established by the prosecution to find someone guilty of a discharging a firearm within 500 feet of a public building. Ultimately, the court determined that even an…
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…
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…
One of the most common questions we get from our clients who have been arrested for a Massachusetts OUI offense is whether the police officers were allowed to take their blood without a warrant. The determination as to whether a police officer can take a motorist’s blood when they are…
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…
Police officers make assumptions every single day. For example, a police officer may observe a motorist drift over the center line once or twice and assume that the driver is under the influence of drugs or alcohol. In this example, the officer relies on the assumption that a driver is…
For years, law enforcement officers in Massachusetts and across the country have relied on breath tests to determine an approximation of a driver’s blood alcohol content (BAC). These devices typically consist of a tube that is connected to a small machine. When an officer believes that a driver is under…
Earlier this month, a state appellate court issued a written opinion in a Massachusetts robbery case discussing show-up identifications and when they are permissible under state law. Following an arrest, one of the most important things law enforcement can do to further an investigation is to get a positive identification…