The Fourth and Fourteenth Amendments of the United States Constitution, as well as provisions in the Massachusetts Constitution, prevent law enforcement officers from performing a search of a person or their home without probable cause or a warrant. If a person consents to a search, this constitutional requirement may be…
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…
Juveniles who commit or are accused of criminal conduct are often victims of a difficult and unsupported life, leading them into a criminal lifestyle. In Massachusetts, juvenile criminal law is not designed merely to punish criminal conduct but to address the underlying factors that led juveniles into a criminal lifestyle.…
In a recent opinion from a Massachusetts court involving a motor vehicle stop, the defendants’ request for evidence to be suppressed was denied. The defendants were found guilty of possession with intent to distribute class A substance as well as conspiracy to violate a drug law. They appealed, arguing the…
Homicide trials, especially those that appear to be gang-related, can garner a large amount of publicity. This exposure can place a lot of pressure on prosecutors to “win” a conviction and look good in the public eye. Although trials are not meant to be a spectacle purposed to make prosecutors…
Massachusetts police departments and prosecutors regularly rely on exceptions to the general rule requiring a warrant to enter the home of a suspect in order to collect evidence or make an arrest. As courts have carved out exceptions to the warrant requirement, police eagerly use them to make their jobs…
When pursuing criminal prosecutions, the government is required to disclose evidence in their possession or control that could clear the defendant from guilt. This obligation to disclose exculpatory evidence to a defendant or their lawyer is to ensure fairness in our justice system. Prosecutors are supposed to seek the truth,…
Jurisdictions across the country, including in Massachusetts, have relied on legal loopholes referred to as implied consent laws to allow law enforcement officers to obtain a blood-alcohol test from a suspect without a warrant. Implied consent laws generally function as a part of the motor vehicle licensing code and have…
Recently, the Appeals Court of Massachusetts affirmed a lower court’s denial of a defendant’s motion to suppress evidence. The case arose when the Worcester Police were granted a search warrant for the defendant’s apartment and followed the defendant as he was seen leaving the apartment building in a motor vehicle.…
Over the last half-century, the widespread use of global positioning systems (GPS) technology has supplemented the toolkits used by law enforcement and prosecutors for investigating and prosecuting crimes. Although GPS technology is widespread and generally accepted as accurate for most location monitoring applications, the use of the technology by prosecutors…