Articles Posted in Gun Crimes

In Commonwealth v. Romero, the court considered an interlocutory appeal of an order denying the defendant’s motion to suppress evidence seized and statements made after a warrantless search of a parked car that was registered in his name. At the suppression hearing, the police officers testified that five individuals, including the defendant, were gathered and drinking from open alcohol containers in a parking lot on the night in question. One of the individuals crouched behind a parked car. There were no trespassing and no parking signs posted, and the lot was dim.

The officer pat frisked the person crouching by the parked car and found nothing. The officer told him to go back to the group. The officer searched for 30-45 seconds and, finding nothing, returned to the other officers. The officers learned that none of the group lived in the area, and the defendant was previously arrested for armed robbery and might have had a knife on him. However, when he was pat frisked, no weapons were found.

An officer noticed that the side windows of a Dodge Caravan parked in front of the officer’s car were opened partway, and there was a fanny pack and jacket on the floor behind the driver’s seat. The officer thought there might be valuables in the car, and he asked if anyone owned the car or knew the owner. Nobody responded. The officer was worried for the officers’ safety and opened the Caravan’s door. He looked in the glove box, and when he frisked the fanny pack he found a loaded firearm.
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Massachusetts gun laws are some of the strictest in the nation. Handgun owners must be licensed to buy firearms and ammunition and to carry them. A police officer must have reasonable suspicion to stop you for carrying a handgun without a license. What is reasonable suspicion?

In a recent appellate decision, a Massachusetts appellate court considered a situation in which two police officers tried to stop and question a defendant suspected of illegal activity. At the time, one of the officers had served in the department for 9 years and had been trained to identify those carrying concealed firearms. Part of the training was that an unlicensed carrier is less likely to use a holster and more likely to adjust the weapon inside his clothes. Another characteristic is head movements in multiple directions in order to determine if the weapon is being detected.

On the night in question, the officer was on an overnight shift, in the passenger seat of an unmarked patrol car. The neighborhood was home to three or four gangs and the officer had previously responded to gunfire incidents there. At 12:30 a.m. the officer and his partner saw the defendant walking with his hand inside his pocket. The defendant was adjusting an object. When he saw the patrol car, he looked surprised. The officer asked to speak with him. The defendant looked away and kept his right hand inside his pants. He turned the corner and started jogging.
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In a recent non-precedential case, a Massachusetts defendant was charged with unlawful possession of a firearm. He was subject to enhanced penalties. A judge granted the defendant’s motion to suppress evidence of the firearm. The case arose when a uniformed police officer was standing outside a bar that he routinely surveilled for weapons violations and fights. The officer was approached a stranger who pointed out the defendant, claiming the defendant had shown him a gun holstered on his hip.

The defendant was already walking away and then turned back to look at the police officer. He abruptly turned left, and the officer inferred that the defendant changed his course in response to seeing the stranger talking to the officer. The officer requested backup and drove around the block in a cruiser. Another officer responded to the call for backup. When the officer found the defendant, he got out of his cruiser and told the defendant he wanted to talk to him.

The defendant ignored the office and crossed in front of a minivan. The officer heard something metallic drop to the ground. One of the officers saw him drop a gun and pulled out his own weapon. The defendant was ordered to the ground. The first officer handcuffed the defendant and arrested him. The defendant had been in possession of a .45 caliber pistol.
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To prove the crime of perjury in Massachusetts, a prosecutor must prove (1) a defendant was required by law to state the truth in a judicial proceeding, (2) the defendant willfully testified falsely, and (3) the false statement was material to something at issue. What is materiality in this context? Something is material to the extent it reasonably affects an aspect or result of the judicial inquiry.

A recent case arose from a defendant’s conviction for perjury after he testified to a grand jury as to a shooting death. The defendant’s cousin was a suspect and was indicted for the murder. The issue in the defendant’s perjury trial was whether he had falsely testified to the grand jury.

The victim was shot near Maynard Street in Springfield just after midnight in May 2008. The defendant had testified to the grand jury he was with Keison Cuffee at another cousin’s (Whitney Walton) house on Westminster Street in Springfield until 1:15 a.m., providing the person with an alibi.
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In addition to some of the common criminal laws and statutes regarding the Commonwealth of Massachusetts, there is also a parallel system of federal laws which applies to all citizens living within any state in our nation.One such law that may be unknowingly violated is the Lautenberg Amendment of the Gun Control Act of 1968, 18 U.S.C. § 922(g)(9), which states that it is unlawful “for any person who has been convicted in any court of a misdemeanor crime of domestic violence, to … possess in or affecting commerce, any firearm or ammunition.”

The issue of what sorts of domestic violence convictions count under this federal law was recently reviewed by the United States Court of Appeals, First Circuit, which is the federal court to which all Massachusetts district court cases are appealed.
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A Quincy man who was recently released due to the controversy in processing criminal evidence by chemist Annie Dookhan, was re-arrested over the weekend along with another suspect, according to the Suffolk County District Attorney.

Police initially pulled over the vehicle due to its expired inspection sticker. They discovered that the driver was operating without a license. During a subsequent routine inventory search of the vehicle, police allegedly found a stolen 9mm loaded handgun.

The 27 year old driver was subsequently charged with receiving stolen property over $250, unlawful possession of a firearm, unlawful possession of ammunition, operating a motor vehicle with a suspended license, and driving without an inspection sticker. He additionally faces charges as a Level II armed career criminal, based on separate convictions in 2006 for distribution of a Class B substance and possession with intent to distribute a Class B substance. The charges against the 31 year old recently released man were not reported.
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According to an announcement by Police Commissioner Edward F. Davis, there has been a significant drop in crimes in Boston during the first quarter of the year. The Commissioner believes that this is due in large part to dedicated police work and inclement weather, which keeps people inside.

According to police department statistics, crime rates from January 1 through March 18 of this year are as follows:

• 7 homicides (compared with 8 during the same period last year)
• 25% decrease in rape/attempted rape
• 7% decrease in robberies
• 16% decrease in aggravated assaults
• 8% decrease in burglaries
• 17% decrease in larceny
• 14% decrease in vehicle thefts

However, shootings and firearm-related arrests are on the rise. By March 18, there were six shooting deaths in Boston, compared with five in the same period last year; nonfatal shootings are up 20 percent and firearm-related arrests are up 11 percent. Police believe that these sorts of incidents are typically the result of retaliatory action.

Authorities also credit the engagement of police officers within the areas they patrol, and the effectiveness of community watch organizations. But several prominent police authorities caution not to look too much into the declines, and warn that once the harsh winter clears, the lower numbers will likely not continue to trend.

Regardless of the true cause for the decrease, the police and many others within the community are satisfied that less crimes are occurring.
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According to data recently released by Massachusetts and the FBI, gun crimes of all kinds are up, these include:

• Murders committed with firearms
• Aggravated assaults involving guns
• Robberies involving guns; and
• Gunshot injuries

Gun owner advocacy groups point to this data as evidence of the lack of efficacy of gun control laws.

Proponents of such controls argue that increasing violent gun crimes are the result of individuals being able to secure weapons more easily in neighboring states. UnlikeMassachusetts, New Hampshire and Maine do not require a permit or license to buy a gun. However, weapons bought at stores that are federally licensed, whatever the state, do require a background check. Additionally, there is increased concern regarding so called “straw man” transactions, whereby an individual lawfully obtains a weapon, only to turn around and sell it to another individual.

Increasing rates of gun related incidents are occuring despite the strict control laws passed in the state since 1998, which are touted as among the nation’s toughest. These laws include a ban on semiautomatic assault weapons, stringent licensing requirements, and a mandate that firearms be stored safely.

Many gun rights advocates feel that these laws are misguided in that they only address the requirements for individuals who procure guns through the proper legal channels. The tragic shooting in Newtown has renewed the debate with fervor as we as a nation attempt to address how to prevent such tragedies from occurring in the future.
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