Boston Criminal Defense Lawyer Blog

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Appellate Court Finds “Imperfect” Controlled-Buy Following Confidential Tip Provided Police with Probable Cause to Obtain Warrant

Recently, a state appellate court issued a written opinion in a Massachusetts drug case discussing whether the police possessed probable cause to obtain the warrant they used to search the defendant’s apartment. Finding that the tip from a confidential informant gave police probable cause to believe the defendant was involved in…

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Massachusetts Court Upholds Officer’s Frisk Although It Was Not Justified at Its Inception

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…

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U.S. Supreme Court Determines Police Need a Warrant to Track Cell Phone Location

Earlier this month, the United States Supreme Court issued a landmark opinion in a Fourth Amendment privacy case that will have a major effect on Massachusetts criminal investigations. The court’s holding was that police are required to obtain a warrant before they retrieve cell-phone tracking data from a cellular phone…

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Massachusetts Court Reverses Indecent Assault Conviction Based on Insufficient Evidence

Earlier this month, a state appellate court issued an opinion in a Massachusetts sex crime case, finding that the jury’s verdict was based on insufficient evidence. The court determined that a hug given to the complainant by the defendant was not “indecent” in nature, and thus, the Commonwealth’s evidence was…

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Massachusetts Court Discusses When Miranda Warnings Are Required in Recent Drug Trafficking Case

Earlier this month, a state appellate court issued a written opinion in a Massachusetts drug trafficking case discussing whether the evidence seized by the police was done so in violation of the defendants’ constitutional rights. Specifically, the court had to determine if the defendants should have been provided with Miranda…

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Massachusetts Appellate Court Denies Defendant’s Motion to Suppress Based on Allegedly Illegal Stop-and-Frisk

Earlier this month, a state appellate court issued a written opinion in a Massachusetts robbery case discussing when a police officer can stop someone against their will and search them. The court ultimately determined that the officer who stopped the defendant possessed the requisite reasonable suspicion to conduct a stop-and-frisk, and…

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Massachusetts Court Grants Motion to Suppress Based on Officer’s Prolonged Traffic Stop

Earlier this month, a state appellate court issued a written opinion in a Massachusetts drug trafficking case requiring the court to determine if a police officer’s traffic stop that ultimately led to the discovery of narcotics was longer than necessary, and thus was conducted in violation of the defendants’ constitutional…

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Massachusetts Court Determines Defendant’s Statement Was Involuntary in Light of Improper Police Assurances

Earlier this month, a state appellate court issued a written opinion in a Massachusetts assault case brought against a student who was involved in a serious fight resulting in the victim sustaining several broken bones. The case presented the court with the opportunity to discuss whether a statement made by…

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The Use of Confidential Informants in Boston Drug Crime Cases

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…

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Massachusetts Court Affirms Conviction for Drug Possession on “Constructive Possession” Theory

Earlier this month, an appellate court issued a written opinion in a Massachusetts drug possession case requiring the court to determine if the evidence presented by the prosecution was sufficient to sustain the defendant’s conviction. Ultimately, the court determined that there was sufficient evidence to find that the plaintiff constructively…

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