We Fight Illegal Search and Seizure At a hearing on a motion to suppress an illegal search and seizure, a Boston police officer testified about responding to a radio broadcast for someone wanted in connection with a domestic assault and battery. The broadcast identified the license plate of the car…
Reasonable Suspicion No matter what time of day or night law enforcement in Massachusetts is out patrolling the highways and roads to keep drivers safe. Law enforcement will be on the lookout for anything that seems to be amiss amongst drivers on the road, and they will be making traffic stops…
In a move that strengthens individuals’ right to privacy, the state’s highest court ruled that state law enforcement must have particularized evidence that a cellphone is tied to a criminal act in order to be able to seize the cellphone. While the court acknowledged that there is a common sense…
Inventory Search Last month the Massachusetts Supreme Judicial Court affirmed a trial judge’s decision to suppress evidence unlawfully obtained in the course of an inventory search. In Commonwealth v. Oliveira, decided March 28, 2016 the Court found it unreasonable for the police to conduct an inventory search after the operator…
Using Cell Phone Trackers The recent revelation of a non-disclosure agreement signed by the Boston Police Department at the request of the FBI has raised some concerns in the criminal defense world after a public records request generated proof of Boston PD’s investigation activities. The Boston Police Department admitted publicly…
Unlawful Detention and Interrogation This past weekend I got a call from someone telling me that her cousin was involved in a motor vehicle accident where someone died. She was being held at one of the Boston police stations. The caller was clearly intelligent. Her cousin told her that she could not…
Body Cameras…They Might Help You Win Your Case In light of so many instances of police-involved shootings over the past year across the country, the Boston City Council is considering a proposed pilot program that would have Boston city police wearing body cameras to record officers’ activities, CBSBoston reports. The…
Texting and Driving in Massachusetts Not too long ago Massachusetts enacted a law prohibiting texting and driving. The statute, Massachusetts General Laws Chapter 90 Section 13B has enables police officers to make motor vehicle stops that in the past would not have been considered lawful. There is however a silver…
Perhaps the most common complaint I get from clients about police officers involves stops, searches and seizures for apparently no reason. The client will tell me that he wasn’t doing anything and that the cops searched him anyway. Or someone might say that he was pulled over, removed from his…
Perhaps the most common complaint I get from clients about police officers involves stops, searches and seizures for apparently no reason. The client will tell me that he wasn’t doing anything and that the cops searched him anyway. Or someone might say that he was pulled over, removed from his…