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Massachusetts Appeals Court Reverses Suppression Order, Despite Cop’s Sloppy Warrant Application

While acknowledging a police officer's affidavit in support of a search warrant was "not a model of detail or clarity," the Massachusetts Appeals Court today nonetheless upheld the issuance of a search warrant that led to the defendant's indictment for trafficking heroin.  The name of the case is Commonwealth v. Perez.  (more…)
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Can the Police Automatically Search My Belongings if my Car is Being Towed in Massachusetts?

Posted on October 14, 2016 in
The Massachusetts Appeals Court today upheld a district court judge's ruling that Boston police officers unlawfully searched an arrestee's backpack that was found in the back of his car that was about to be towed.  The name of the case is Commonwealth v. Nicoleau.  (more…)
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Can I Be Charged with OUI in Massachusetts if the Cop Doesn’t Give me a Citation?

Posted on October 13, 2016 in
The Massachusetts Appeals Court today upheld the dismissal of a drunk driving charge against a defendant who was not properly served with a citation at the time of alleged crime.  The name of the case is Commonwealth v. Burnham.  (more…)
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Massachusetts Appeals Court: Defendant Too Drunk to Carry a Gun, But Sober Enough to Drive

The Massachusetts Appeals Court today affirmed a district court judge's verdicts that a defendant was not guilty of operating a motor vehicle while under the influence of alcohol but guilty of carrying a loaded firearm while under the influence of alcohol.  The name of the case is Commonwealth v. Veronneau.  (more…)
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Massachusetts Appeals Court Says Marijuana Seized Following an Illegal Search Still Admissible Due to Attenuation Doctrine

The Massachusetts Appeals Court today ruled that although North Adams police officers improperly entered the basement of a residence, the marijuana they discovered is still admissible because a defendant's assault on one of the officers constituted an independent act that dissipated the taint of the unconstitutional search.  The name of the case is Commonwealth...
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