Earlier this year, a state appellate court issued a written opinion in a Massachusetts gun case involving the legality of an inventory search that was performed by the arresting officers. Ultimately, the court concluded that the inventory search was not permissible because there was a passenger in the car that…
Late last month, a state appellate court issued a written opinion in a Massachusetts gun case requiring the court to determine if the police officers legally stopped the defendant. Ultimately, the court concluded that the officers lacked reasonable suspicion to believe that the defendant was armed and dangerous. As a…
Earlier this year, a state appellate court issued a written opinion in a Massachusetts gun possession case demonstrating how strictly the state’s gun laws are enforced. Ultimately, the court upheld the conviction of a man who was licensed to carry in New Hampshire but failed to obtain his Massachusetts license…
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 Facts…
Recently, a state appellate court issued a written opinion in a Massachusetts gun possession case discussing whether a defendant who is found guilty of a qualifying offense, and has previously been adjudicated delinquent of another qualifying juvenile offense, can be sentenced as a repeat offender under the Armed Career Criminal Act…
Earlier this month, a state appellate court issued a written opinion in a Massachusetts gun case requiring the court determine if a firearm that was recovered from the defendant after he was illegally stopped by police should be suppressed. The court found that the defendant’s act of punching the police officer…
Over the years, police have tried a number of different investigative tactics to uncover illegal activities and arrest those they believe to be engaged in such activities. In general, the United States and Massachusetts constitutions outline the protections individuals have from intrusive, unfair, or coercive police conduct, and courts will…
In a recent Massachusetts appellate case, the court considered whether the district court judge had made a mistake in denying a criminal defendant’s pretrial motion to suppress evidence that was found just before a pat frisk. The firearm that was seized was discovered when the defendant and his companions were…
In a recent Massachusetts appellate decision, the defendant was convicted of carrying a loaded firearm without a license and carrying a firearm without a license. The case arose when an officer was patrolling in Boston and saw a car blocking traffic. After running its license plate number, he found that the…
In Commonwealth v. Dow, a defendant appealed after being convicted of multiple counts, including possession of a class B substance under G. L. c. 94C, § 34, a class C substance under G. L. c. 94C, § 34, illegally possessing a firearm and ammunition, possessing without a firearm identification card,…