Police officers make assumptions every single day. For example, a police officer may observe a motorist drift over the center line once or twice and assume that the driver is under the influence of drugs or alcohol. In this example, the officer relies on the assumption that a driver is…
For years, law enforcement officers in Massachusetts and across the country have relied on breath tests to determine an approximation of a driver’s blood alcohol content (BAC). These devices typically consist of a tube that is connected to a small machine. When an officer believes that a driver is under…
Earlier this month, a state appellate court issued a written opinion in a Massachusetts robbery case discussing show-up identifications and when they are permissible under state law. Following an arrest, one of the most important things law enforcement can do to further an investigation is to get a positive identification…
Earlier this year, a state appellate court issued a written opinion in a Massachusetts assault case involving an interesting evidentiary issue. Specifically, the case required the court to determine if it was an error to admit the official criminal docket of the defendant’s friend whom he was with when he…
Earlier this month, a state appellate court issued a written opinion in a Massachusetts DUI case upholding the defendant’s conviction after affirming the denial of his motion to suppress. Ultimately, the court concluded that the officer’s stop of the defendant was justified based on the officer’s observations that the defendant’s…
Earlier this month, a state appellate court issued a written opinion in a Massachusetts manslaughter case discussing whether the evidence was sufficient to support the defendant’s conviction. Ultimately, the court concluded that the prosecution’s evidence was insufficient and reversed the defendant’s conviction for involuntary manslaughter. The court upheld the defendant’s…
Earlier this month, a state appellate court issued a written opinion in a Massachusetts homicide case discussing whether the statements made by the defendant should be suppressed. The court held that the police did not safeguard the defendant’s rights by informally translating the Miranda warnings, and went further to hold…
Earlier this year, a state appellate court issued a written opinion in a Massachusetts murder case resulting in the court’s reversal of the defendant’s murder conviction. The court based its reversal on the improper denial of the defendant’s motion to suppress identification and finger-print evidence that was obtained as a…
Jury selection in a Massachusetts criminal trial is a critical stage in any case. Because a defendant cannot be convicted unless a jury must unanimously find that a defendant was guilty of the crime charged, both prosecution and defense put a significant amount of effort into selecting jurors through a…
One of the most significant and burdensome collateral consequences of a Massachusetts sex offense conviction is the mandatory reporting requirement. After a conviction for a qualifying offense, the Sex Offender Registration Board (SORB), will classify the defendant as either “low,” “moderate,” or “high” risk, each carrying a different set of…