Search and Seizure

Massachusetts Appellate Court Allows Evidence Obtained in Warrantless Search

Published on: August 29, 2024 | by Patrick J. Murphy, Esq.

The Fourth Amendment of the United States Constitution is a vital protection against unlawful searches and seizures. It ensures that evidence obtained without a valid warrant cannot be used against defendants in court. However, there are exceptions to the warrant requirement, and law enforcement officers, along with prosecutors, often seek to leverage these exceptions to justify warrantless searches. A recent decision by the Massachusetts Appeals Court highlights the complexities surrounding these issues in cases where crucial evidence is obtained without a warrant.

In a recent case, a defendant was charged with second-degree murder after a tragic incident occurred in a Boston housing development. Surveillance cameras captured the shooting, and an eyewitness described the events. The police identified the defendant as a suspect several days later, based on the eyewitness’s independent investigation. More than three months after the incident, law enforcement tracked down the defendant and arrested him without obtaining a warrant. At the time of the arrest, the defendant was seen carrying a backpack, which was later found to contain a firearm. The defendant’s legal team argued that the warrantless search of the backpack, conducted after the arrest, was unconstitutional and that the evidence should be suppressed.

The trial court heard arguments on the motion to suppress the firearm and other evidence obtained from the backpack. The court concluded that while the search could not be justified as a search incident to the defendant’s arrest, the seizure of the backpack was reasonable. The judge found that because the backpack had been on the defendant’s person immediately before his arrest, it was permissible for the officers to seize it. Despite finding the immediate search unjustified, the judge ruled that the firearm should not be suppressed, as it would have inevitably been discovered during a lawful inventory search at the police station.

How Police Can Turn an Unlawful Stop into Admissible Evidence

Published on: August 8, 2024 | by Patrick J. Murphy, Esq.

In Massachusetts, prosecutors bear the significant responsibility of proving that any evidence used against a defendant is admissible before it can be presented to a jury. This process ensures that the rights of the accused are protected and that the integrity of the judicial process is maintained. Generally, evidence obtained illegally is not admissible in court, but there are instances where such evidence can still be considered. Recently, the Massachusetts Appeals Court addressed an appeal by a defendant who argued that the evidence used against him was gathered following an illegal stop by the police. Despite the initial illegality, the evidence was ultimately deemed admissible.

In the case in question, the defendant filed a motion to suppress evidence obtained after he was stopped by police, arguing that the stop was unlawful. Initially, the trial court ruled in favor of the defendant, agreeing that the evidence should be suppressed. However, upon reconsideration, the court reversed its decision, finding that despite the illegal stop, the subsequent actions by the police and the nature of the evidence justified its admission. The defendant then appealed this decision, seeking to have the higher court re-evaluate the lower court’s ruling.

The Appeals Court undertook a thorough review of the case, focusing on the standards that must be met for evidence obtained after an illegal stop to be admissible. One of the key considerations was whether the connection between the illegal stop and the discovery of the evidence was sufficiently attenuated, meaning that the evidence could be considered independently of the initial illegality. The court evaluated several factors, including the passage of time between the illegal stop and the gathering of evidence, the presence of any intervening circumstances, and the degree of police misconduct.

Defense Attorneys Must Keep up with Technological Advances in Surveillance and Data Collection

Published on: August 6, 2024 | by Patrick J. Murphy, Esq.

In today’s rapidly advancing technological landscape, law enforcement agencies and prosecutors have access to a growing array of tools and methods to investigate and gather evidence. With the advent of artificial intelligence and sophisticated data analytics, traditional methods of crime-solving are being supplemented and often surpassed by new digital techniques. However, as technology progresses, legal protections against search and seizure sometimes struggle to keep pace. Courts are continually called upon to interpret and establish what types of warrants and legal processes are required to obtain different forms of digital evidence. Recently, the Supreme Judicial Court of Massachusetts addressed these issues in an appeal where the defendant argued that his location and cell phone ping data were unlawfully obtained and used to convict him.

The case in question was filed after an apparent murder in 2012. On that day, the defendant allegedly shot and killed a woman in her car in Fall River, Massachusetts. The victim’s body was discovered in her vehicle, with evidence of a robbery gone wrong. She had been carrying drugs, which were found both on her person and beneath her body. The victim’s cell phone was notably missing from the scene, setting the stage for the digital trail that would later play a crucial role in the investigation.

To track down the defendant, police relied heavily on data from the victim’s phone. The call logs revealed a phone number linked to the defendant, indicating that he had been in contact with the victim shortly before her death. The defendant, identified through his call history, was found to have made a call to the victim just before the shooting. Through further investigation, including witness statements and physical evidence such as a bloodstained T-shirt and a handgun found in the defendant’s possession, the case against him began to build. The defendant filed motions to suppress the cell phone records and related data, arguing they were obtained without a proper warrant, but these motions were denied. Ultimately, the defendant was convicted of first-degree murder based on the theory of felony murder, with armed robbery as the underlying felony.

Massachusetts Appeals Court Gives Broad Access to Law Enforcement Seeking Cellular Phone Location Data

Published on: May 15, 2024 | by Patrick J. Murphy, Esq.

Criminal investigations have changed drastically in the last 30 years. The rise of cell phones and smartphones has created a new field of evidentiary law related to these electronic devices. Cell phone providers can track the location and behaviors of their customers, and police often seek this information to place suspects at crime scenes. However, both cell phone companies and their customers have a Fourth Amendment right against unlawful search and seizure of their phones or data. Therefore, law enforcement must obtain a valid warrant and demonstrate probable cause that evidence of a crime will be found before they can compel a cell phone company to turn over the data. The Massachusetts Court of Appeal recently reversed a lower court’s ruling that had suppressed some evidence of assault crimes that was obtained with a warrant from the defendant’s cellular phone provider.

According to the facts discussed in the appellate opinion, the defendant had been suspected of a chain of assaults over the course of about two weeks, based on a tentative identification by one of the crime victims. After another victim notified police that they saw their assailant in public, the police apprehended and questioned the defendant. Based on other evidence, the police sought a search warrant for the data related to two phone numbers associated with the defendant. Although the warrants were issued, the defendant’s counsel successfully challenged the warrants and the evidence would not be admitted, but for the State’s appeal.

On appeal, the Court discussed the requirements for a valid search warrant for cell phone data to be issued. Law enforcement must establish probable cause that the suspect committed a crime, that the suspect’s location data would be helpful in solving or proving the crime, and that the suspect had a cell phone at the relevant times. This requires demonstrating the suspect’s association with the cell phone and showing that location data from the phone is relevant to the investigation.

The Crucial Role of Legal Counsel in Expunging Criminal Charges in Massachusetts

Published on: April 1, 2024 | by Patrick J. Murphy, Esq.

In the area of criminal law, expungement can be a vital tool for individuals seeking to move forward from past mistakes and rebuild their lives. However, a recent judicial opinion from the Massachusetts Appeals Court highlights the complexities involved in the expungement process and underscores the importance of obtaining legal counsel to navigate these challenges effectively.

The case in question sheds light on the hurdles individuals may face when petitioning for expungement without proper legal representation. The appellant, appearing pro se, appealed the denial of his petition for expungement under G.L. c. 276, § 100K. His petition was based on the claim that the criminal record stemmed from demonstrable errors by law enforcement, specifically alleging an unlawful arrest and interrogation without Miranda warnings.

Despite the appellant’s earnest efforts, the court found his petition lacking in sufficient factual allegations to demonstrate by clear and convincing evidence that the charges against him were the result of law enforcement errors. The opinion emphasizes the importance of presenting a strong case supported by evidence and legal arguments—a task that can be challenging without the expertise of a seasoned criminal defense attorney.

Challenging Race-Based Stops and Arrests in Massachusetts

Published on: September 27, 2023 | by Patrick J. Murphy, Esq.

In the pursuit of justice, one of the most fundamental principles is that every individual should be treated fairly, regardless of their race, ethnicity, or background. However, there are instances where law enforcement officers may engage in selective enforcement practices, targeting individuals based on their race, which raises serious concerns about civil rights violations. The Massachusetts Supreme Judicial Court recently released an opinion addressing an allegation that the defendant was illegitimately stopped because of his race. If proven, this allegation could be fatal to the prosecution’s case.

According to the facts discussed in the appellate opinion, the defendant was arrested after a late-night traffic stop in New Bedford, Massachusetts. The initial reason for the stop was the lack of illumination on the rear license plate of his vehicle. However, before approaching the driver, the arresting officer learned that the car’s owner had an outstanding arrest warrant and was Black. Upon confirming that the defendant was both the driver and the owner of the vehicle, the officer proceeded with the arrest, subsequently discovering a handgun in the defendant’s possession, which ultimately led to his arrest on several felony charges.

Before trial, the Defendant filed a motion to suppress the evidence and statements obtained during the stop. To support his motion, the defendant presented several exhibits, including statistics on the officer’s prior citations, which indicated a disproportionately high number of citations issued to Black motorists. He argued that these statistics created a reasonable inference of racial discrimination and thus warranted an evidentiary hearing. At this hearing, the trial judge determined that the officer truthfully testified that he did not know that the defendant was black before initiating the traffic stop. Under Massachusetts law, the Commonwealth can present a reasonable, race-neutral argument to rebut an accusation that a stop or arrest was racially motivated, which the trial judge accepted, allowing the case to proceed toward a trial.

What is “Reasonable Suspicion,” and How Can it be Used to Justify a Warrantless Search?

Published on: June 10, 2023 | by Patrick J. Murphy, Esq.

The Fourth and Fourteenth Amendments to the U.S. Constitution protect Massachusetts residents from unreasonable searches and seizures by law enforcement when a crime is being investigated. The most accepted and common way for law enforcement officers to ensure compliance with the Fourth Amendment is for them to obtain a valid search or arrest warrant from a judge before performing a search or making an arrest. For a judge to issue a search warrant, the applicant must demonstrate that there is probable cause that the search or arrest is valid. A properly obtained search warrant is difficult to challenge in a criminal prosecution, and evidence gained therefrom is generally admissible during a criminal trial.

Although a valid warrant sets the gold standard for a permissible search, there are exceptions to the warrant requirement which permit law enforcement officers to perform a search without a warrant. One exception exists when an officer is performing a brief investigatory stop of a criminal suspect. The Massachusetts Court of Appeal recently affirmed the conviction of a man who was searched and arrested for burglary after the responding officers approached and searched him without a valid warrant.

The defendant in the recently decided appeal was arrested about a block away from the scene of an alleged burglary. The defendant partially matched the description of the perpetrator as recounted by the victim from her observation of security camera footage taken of the alleged burglary. After the defendant was stopped and detained, the witness confirmed in person that he was the person that she witnessed burglarizing her home on the surveillance footage. The defendant was then searched, revealing that he possessed items stolen from the victim’s home, and he was arrested and charged with burglary.

Massachusetts Supreme Court Narrows Collective Knowledge Doctrine, But Affirms Conviction Nonetheless

Published on: April 8, 2023 | by Patrick J. Murphy, Esq.

The collective knowledge doctrine is a legal theory used in the state to give law enforcement officers expanded opportunities to legally perform a search on a criminal suspect without a warrant. Generally, the doctrine has allowed police and prosecutors to successfully argue that any single police officer involved in an investigation or pursuit is entitled to perform a warrantless search or arrest if any other officer involved in the investigation, or a combination of them, had sufficient knowledge to justify the apparent constitutional violation. This doctrine has been applied in the state even under circumstances where the officer performing the warrantless intrusion had not communicated with any other officers about what they knew.

The Massachusetts Supreme Court recently addressed an appeal challenging the application of this doctrine in light of state constitutional protections afforded by Article 14 of the Massachusetts Constitution. The defendant from the recently decided case was searched and arrested on suspicion of armed robbery after reports came in of a suspect that allegedly matched the description of the suspect, who police had encountered on the street. The search of the defendant revealed cash and a gun, and the victim of the crime later identified the defendant as the perpetrator of the robbery.

At the defendant’s trial, his counsel moved to suppress the evidence found in the search, arguing that the officer who performed the search did not have reasonable suspicion that the defendant was actually the suspect. The trial court denied the defendant’s motion, ruling that under the collective knowledge doctrine, the arresting officer could be imputed with all of the cumulative knowledge of any law enforcement personnel involved in the investigation, and with that knowledge, reasonable suspicion could be demonstrated. The defendant was ultimately convicted of the crimes he was charged with, and sentenced to a prison term.

Massachusetts Court Reverses Lower Court’s Ruling to Suppress Incriminating Evidence in Drug Case

Published on: December 1, 2021 | by Patrick J. Murphy, Esq.

In a recent decision from a court in Massachusetts, a lower court’s ruling that incriminating evidence should be suppressed was reversed. Originally, a lower court had determined that because a state trooper did not have sufficient reason to pull over the defendant on the highway, the drugs found in the defendant’s car should not be used against him in court. The higher court disagreed, saying the trooper did, in fact, have reason to pull the defendant over in the first place. It was thus acceptable for the State to use the incriminating evidence against the defendant at trial.

The Facts of the Case

According to the opinion, the defendant was driving on the highway when a state police trooper conducted a random check on the defendant’s vehicle to find out if it was properly registered. As a result, the trooper learned that the vehicle had failed its most recent inspection approximately two weeks earlier.

Warrantless Search of Defendant’s Home Permitted by Massachusetts Court of Appeals

Published on: November 10, 2021 | by Patrick J. Murphy, Esq.

The Fourth and Fourteenth Amendments of the United States Constitution, as well as provisions in the Massachusetts Constitution, prevent law enforcement officers from performing a search of a person or their home without probable cause or a warrant. If a person consents to a search, this constitutional requirement may be waived. However, consent alone is not always sufficient to prevent an evidentiary challenge to the admission of evidence obtained by a warrantless search. The Massachusetts Court of Appeals recently ruled on an appeal by a defendant who challenged the constitutionality of a search of an apartment where he had been staying.

According to the facts discussed in the judicial opinion, the defendant was the subject of a drug trafficking investigation and was also suspected of using false identities to conceal his alleged drug trafficking behavior. Law enforcement officers obtained search warrants for four apartments that the defendant was suspected of using in furtherance of criminal activity. While searching one of the apartments, officers found a key that they were able to track to another apartment that was leased by an alias of the defendant. Officers did not have a warrant to search this apartment. Police went to the apartment and used the key to open the door, encountering the alleged girlfriend of the defendant. After officers threatened the apartment’s occupant with arrest and other consequences if she failed to consent to a search, she consented to a search, where drugs and evidence of the defendant using false identities was found.

The defendant was arrested based on the evidence found in the apartment, and charged with drug crimes as well as using false identities. Before trial, the defendant asked the court to suppress the evidence that was found at the apartment, arguing that law enforcement lacked a warrant or probable cause to enter the apartment and that the consent given by the defendant’s girlfriend was invalid, as it was coerced. The trial judge denied the defendant’s motions, resulting in an interlocutory appeal to the Massachusetts Court of Appeals.