by jmiller | Apr 13, 2014 | Constitutional Rights, Search & Seizure
On April 11, 2014, the Massachusetts Supreme Judicial Court concluded the emergency aid exception to the warrant requirement applied to nonhuman animal life. In Commonwealth v. Heather Duncan, the police responded to the Defendant’s home to serve a restraining order. ... by jmiller | Apr 7, 2014 | Constitutional Rights, Drugs, Guns, Search & Seizure
When a person is arrested for some reason, a subsequent search may reveal unlawful evidence that strengthens the governments’ case or leads to new charges. The question is “was the subsequent search that resulted in the seizure of the items lawful? Fundamentally, the... by jmiller | Mar 31, 2014 | Clerk's-Hearing
There is nor requirement that you have an attorney at a clerk’s hearing; it is a wise decision to retain an attorney for a clerk’s-hearing. “It’s just a clerk’s-hearing; it’s no big deal.” “The hearing is with a clerk, not a Judge.” “The case is bogus, I don’t need... by jmiller | Mar 29, 2014 | Constitutional Rights, Miranda Warning, Search & Seizure
Sometimes a criminal defendant will tell their lawyer ‘the police did not read me my rights.” Does it matter and if so, when? Anyone who has watched a police television show is familiar with the often repeated “You have the right to remain silent, anything you say... by jmiller | Mar 27, 2014 | Drugs
“The police charged me with possession with intent to distribute drugs, but I had them for my own use.” Defendants frequently recite a similar theme after they have been arrested. The differences between the two categories of crime can be huge and have lasting...
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