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SJC Relaxes Standard To Seal Criminal Record

Posted on August 17, 2014 in
The Massachusetts Legislature amended the law in 2010 regarding the rights of former defendants who wanted to seal their criminal records.  On Friday, the Supreme Judicial Court issued a very important ruling clarifying the standard defendants must meet to have their criminal records sealed.  Click on Commonwealth v. Pon to read the opinion. (more…)
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SJC: Drug Detective’s Suspicions Did Not Justify Search

Appellate courts in Massachusetts constantly grapple with the question of how much circumstantial evidence against an alleged drug dealer is enough to justify a search.  The Supreme Judicial Court’s latest ruling arrived last week in Commonwealth v. Paul Stewart (SJC-11475, decided August 7, 2014). (more…)
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SJC chastises Suffolk DA’s Office for “egregious” conduct

In a strongly-worded opinion issued today, the Massachusetts Supreme Judicial Court wrote that the Suffolk District Attorney’s Office’s conduct during a recent murder trial was “egregious.”  The case is Commonwealth v. William Wood, SJC-10977. (more…)
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Police Lacked Probable Cause to Search Rental Car Two Days After Shooting

In Commonwealth v. Korey Jordan, the Massachusetts Supreme Judicial Court ruled this week that police officers exceeded their authority in stopping a rental car that had been involved in a shooting two days earlier. (more…)
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Limited Scope of Searches “Incident to Arrest” Affirmed by SJC

When police officers make an arrest, they are permitted to search the person being arrested along with his immediate surroundings.  Such a procedure is called a “search incident to arrest.”  In United States v. Robinson, the United States Supreme Court ruled that the police may search for weapons, contraband, or evidence of a crime. ...
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