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Photos of Naked Children Found in Prisoner’s Cell were not Child Pornography

In an important ruling issued this week, the Massachusetts Supreme Judicial Court clarified the types of photographs that qualify as child pornography.  The defendant in Commonwealth v. Rex is a convicted rapist who is serving a state prison sentence.  In 2011, prison officials searched the defendant’s locker and discovered an envelope containing seven photocopies...
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Smell of Marijuana Does Not Allow Police to Search your Car

As a result of a 2008 ballot initiative, it is no longer a crime to possess less than one ounce of marijuana in Massachusetts.  The change in the law also changed the rules related to a police officer’s right to search your motor vehicle.  The Massachusetts Supreme Judicial Court ruled today in Commonwealth v....
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Lying to Police is Not Necessarily Illegal

The Massachusetts witness intimidation statute (chapter 268, section 13B) prohibits any person from misleading a police officer with the intent to impede a criminal investigation. (more…)
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Supreme Judicial Court Clarifies Wiretap Statute

On June 18, 2014, the Supreme Judicial Court clarified the scope of the “one-party consent exception” to the state wiretap law (chapter 272, section 99).  In Massachusetts it is illegal to secretly record an oral communication unless all parties to the conversation consent.  However, the one-party consent exception allows a law enforcement officer, or...
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