The Fourth Amendment to the U.S. Constitution protects Americans from unreasonable searches and seizures by law enforcement, which can include unlawful arrests or detainments. In the event of an unlawful search or seizure, the law mandates that any evidence obtained illegally cannot be used in the prosecution. The Massachusetts Court…
The Fourth Amendment to the U.S. Constitution forms a basis to protect criminal defendants from unreasonable searches and seizures. Millions of criminal defendants have been assisted by the Fourth Amendment’s exclusionary provisions, which prohibit the introduction of evidence obtained in violation of the Fourth Amendment. In a recently released judicial…
With the increasing seriousness and public awareness of the nationwide opioid epidemic, Massachusetts lawmakers, prosecutors, and courts seem eager to address the problems by seeking quick convictions and harsh sentences for crimes relating to the distribution of heroin, fentanyl, and other opioids. While this strict enforcement of drug laws may…
In the realm of criminal defense law, few issues are as critical as the effectiveness of legal counsel. The United States and Massachusetts Supreme Courts have both established that Massachusetts residents are entitled to a constitutional right to effective criminal defense counsel after being charged with a crime. A panel…
Massachusetts law enforcement officers and agencies rely heavily on tips and testimony offered by confidential informants (CIs) when investigating and charging alleged criminal activity. Police often acquire CIs from the community in which they are investigating crimes. CIs who have previously been involved in criminal conduct are often offered incentives…
In a recent Massachusetts appellate court opinion regarding a motion to suppress evidence from an illegal search, the court upheld the trial court granting of the defendant’s motion to suppress, albeit on different grounds. At trial, the judge allowed the motion on the ground that the driver of the vehicle…
Earlier this month, a defendant in Massachusetts asked a court of appeals to overturn his conviction for possession of a class B substance with intent to distribute. On appeal, the defendant argued that his previous attorney had not properly advised him of the immigration consequences that he would face if…
In a recent case coming out of a Massachusetts court, five codefendants appealed their drug-related convictions. According to the defendants, the wiretap warrants that law enforcement agencies used in their investigation were unconstitutional, thus the evidence discovered as a result of these warrants should have been suppressed. The court considered…
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…
The scandal surrounding a chemist’s misconduct who worked at the Massachusetts State Crime Lab has had far-reaching consequences for thousands of Massachusetts defendants since it broke. After state chemist Annie Dookan pleaded guilty to tampering with evidence in 2013, defendants whose alleged drugs were tested by Ms. Dookan were entitled…