Articles Posted in Improper Police Conduct

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Earlier this month, the United States Supreme Court issued a landmark opinion in a Fourth Amendment privacy case that will have a major effect on Massachusetts criminal investigations. The court’s holding was that police are required to obtain a warrant before they retrieve cell-phone tracking data from a cellular phone provider.

The Facts of the Case

The case related to a police investigation of a robbery that allegedly involved several people. The police made four arrests, and one of those men told police about several others who were also involved in the robbery. The man gave police the phone numbers of several of the alleged conspirators, including the defendant.

Police took the defendant’s cell phone number, and filed a request under the Stored Communications Act to obtain his cell phone records. That Act allows for cell providers to hand over customer information when the government can show that there is a “reasonable belief” that it is “relevant and material” to an ongoing investigation. Chief among the information sought was historical location data of where the defendant’s cell phone had been over the past 127 days. The information was given to police, and it provided them with 12,898 location points, all of which were around where the alleged robbery occurred.

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Earlier this month, a state appellate court issued a written opinion in a Massachusetts drug trafficking case discussing whether the evidence seized by the police was done so in violation of the defendants’ constitutional rights. Specifically, the court had to determine if the defendants should have been provided with Miranda warnings prior to being asked questions by police. Ultimately, the court concluded that, although the defendants were not free to leave, they were not “in custody” for the purposes of the Miranda analysis.

The Facts of the Case

A police officer was walking into a store when he heard one of the defendants on the phone. The officer believed that the defendant was arranging a narcotics transaction, and he began to follow the defendant. The defendant ultimately met up with another man, and the two engaged in a transaction of unknown objects. This confirmed the officer’s suspicions, and he called back-up.

The officers approached the two defendants and separated them immediately. One of the officers claimed to have given one of the defendants some version of the Miranda warnings, but the officer was unable to recall exactly what was stated to the defendant. The other defendant was not read any of his Miranda rights.

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Earlier this month, a state appellate court issued a written opinion in a Massachusetts robbery case discussing when a police officer can stop someone against their will and search them. The court ultimately determined that the officer who stopped the defendant possessed the requisite reasonable suspicion to conduct a stop-and-frisk, and thus the defendant’s motion to suppress was denied.

The Facts of the Case

Four students of Northeastern University were allegedly robbed at gunpoint. The students gave police a description of their alleged assailants. Specifically, the description given by one of the victims was that they were robbed by three men. The man with the gun was reported to be a Black man with a black hoodie and blue jeans, the second man was a heavyset Hispanic man wearing a black hoodie and a Colorado Rockies hat, and the third man was either Black or Hispanic, but the victim could not recall the man’s clothing.

Police responded to the scene, and, within a minute or so, police noticed three men walking out of a nearby home matching the description given by the victim. As the police officer approached the men, they hurriedly went back into the house. The police officer walked up to the house and knocked on the door. The mother of one of the men answered and let the officer inside.

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Earlier this month, a state appellate court issued a written opinion in a Massachusetts drug trafficking case requiring the court to determine if a police officer’s traffic stop that ultimately led to the discovery of narcotics was longer than necessary, and thus was conducted in violation of the defendants’ constitutional rights. Ultimately, the court determined that the arresting officer exceeded his authority when he continued to ask questions of the defendants after they provided information that would have been sufficient to allow the officer to verify their identities.

The Facts of the Case

The defendants were an African-American man and woman, both of whom were passengers in a car driven by a white female. As the three were traveling along the highway, a police officer noticed that the vehicle’s rear tail light was out. The officer pulled the vehicle over.

As the officer approached, he began to question the driver about the identity of the passengers. The driver identified the passengers as two friends, “J” and “T.” The officer noticed that the driver’s voice was trembling, and she appeared nervous, and also the two defendants were not wearing seatbelts.

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Earlier this month, a state appellate court issued a written opinion in a Massachusetts assault case brought against a student who was involved in a serious fight resulting in the victim sustaining several broken bones. The case presented the court with the opportunity to discuss whether a statement made by the defendant to a police officer was admissible when it was made after the officer made assurances that the defendant’s cooperation would likely result in his not being charged with a felony. Ultimately, the court concluded that under the totality of the circumstances, the police officer’s untrue statement rendered the defendant’s statement involuntary.

The Facts of the Case

The defendant was involved in a fight with a fellow student at a house party. After the fight, the complaining witness was taken to the hospital and treated for his injuries. He later spoke to police, telling them what happened but stating that he could not identify who it was who attacked him.

The police conducted an investigation and obtained some evidence tying the defendant to the house party. The assigned investigator contacted a less senior officer and asked him to call the defendant to see what he knew. The detective told the officer that he believed another person was responsible for the assault, but the defendant was involved, and if the defendant cooperated, he would potentially be charged with a less serious crime.

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