Many Massachusetts DUI cases are based on breathalyzer test results. These tests, often given on the side of the road by police officers, have come under intense scrutiny across the country for being less than accurate. Over the past several years, Massachusetts criminal defense attorneys have been litigating the admissibility…
As a general rule, police officers must obtain a warrant to search someone’s home. However, over the years, courts have come up with several exceptions when police do not need to obtain a warrant to search a home. The most common exception police officers use to justify the immediate, warrantless…
Over the course of the last few years, reports of police officers who have abused their authority or used excessive force have skyrocketed. In large part, this increase is due to the prevalence of social media in today’s society as well as the fact that most people have a cell…
As a general matter, police officers must be justified in their approach and questioning of a person. This includes both pedestrian stops as well as motor vehicle stops. Typically, an officer must be able to present articulable facts supporting the officer’s reasonable suspicion that the person who was stopped had…
Recently, a state appellate court issued an opinion in a Massachusetts drug possession case discussing whether evidence seized as a result of the police officers’ decision to “freeze” a home while the officers obtained a search warrant. The court ultimately determined that the officers were unable to identify any “specific…
Recently, a state appellate court issued an opinion in a Massachusetts drug case discussing whether the search warrant obtained by police was valid. The case involved the use of a confidential informant who did not know the defendant and did not ever mention to officers that the defendant was involved…
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…
During jury selection in a Massachusetts criminal trial, both the prosecution and the defense are able to ask the court to strike potential jurors from the jury whom they do not believe could be fair. These strikes “for cause” are unlimited in number. However, both sides are also given a…
Recently, a state appellate court issued an opinion in a Massachusetts criminal law case discussing whether a text message that was sent to the defendant’s phone while the phone was in police custody should be suppressed. Ultimately, the court concluded that the phone was lawfully seized after a search incident to…
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…