Recently, a state appellate court issued an opinion in a Massachusetts violation of probation hearing that was premised on the defendant’s alleged possession of an unlicensed firearm. The case presented the court with the opportunity to discuss the quantum of evidence necessary to sustain a violation of probation.
The defendant was a juvenile who was placed on probation for an unarmed robbery. While on probation, the defendant was arrested for the possession of a firearm without a license. Evidently, police responded to a call for an instance of breaking and entering. Upon entering the residence, police found several teens in the attic. The defendant was sitting on a chair with a black jacket draped over the back of it.
The police officers put all the teens up against the wall after seeing what they believed to be a handgun protruding out of another teen’s jacket. After searching all the teenagers, police officers found a gun in the black jacket that was draped over the chair that the defendant was sitting in. Later in the evening, two of the teens in the attic told police that the black jacket belonged to the defendant. However, one of the other teens told police that it was his jacket.