by jmiller | Jul 24, 2014 | Constitutional Rights, Drugs, Search & Seizure
Often times, evidence used to prosecute a crime is seized when a defendant is arrested for another crime. The prosecutor may seek to justify the search under a variety of exceptions to the warrant requirement. Among those exceptions is the search incident to lawful... by jmiller | Jul 19, 2014 | Constitutional Rights, Drugs, Search & Seizure
On July 4, 2014, The Enterprise reported Ronald Letts had been indicted for Heroin Trafficking, Cocaine Distribution, and possession of a large-capacity ammunition-feeding device. According to the report, Letts was arrested after an alleged sale to an undercover... by jmiller | Jul 14, 2014 | Constitutional Rights, Search & Seizure
The term “Nexus” is commonly used in the course of a criminal case. What does it mean? It simply means a connection to something. While the definition is simple, the “Nexus” element is frequently a point of contention in a criminal case. For example, the “Nexus”... by jmiller | Jun 13, 2014 | Sex Offenses
On June 5, 2014, the Boston Herald reported Heather Salines of Saugus Massachusetts was arraigned in Salem Superior Court on a series of charges including aggravated child rape. According to the Herald article, Ms. Salines is 38 years of age. She is alleged to have... by jmiller | Jun 8, 2014 | Constitutional Rights, Drugs, Search & Seizure
On June 7, 2014, www.masslive.com reported Massachusetts State Troopers and DEA agents seized a large quantity of heroin and crystal methamphetamine. Troopers valued the seizure at approximately $1 million. According to the report, Troopers had developed information... by jmiller | May 18, 2014 | Constitutional Rights, Guns, Search & Seizure
Recently, Boston Police found a gun inside a barbeque grill. BPD News reports the incident as follows: “While on patrol, the officers observed two males walking on Bower Street toward Walnut Avenue. The officers immediately recognized one of the individuals who is... by jmiller | May 3, 2014 | Constitutional Rights, Drugs, Search & Seizure
On or about May 2, 2014, eight people were charged with trafficking cocaine in the Framingham, MA area. According to the Metrowest Daily News, Robert Hairston, Norma Hairston, Carl Jones, Cheniel Garcia, Stephanie Ressor, Calvin Hodge, Nasean Johnson and Mark Perkins... 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 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 | Feb 22, 2014 | Constitutional Rights, Guns, Search & Seizure
According to BPD News, between January 1, 2014 and February 16, 2014, the Boston Police have made 52 firearm related arrests. The number of arrests are comparable to the 50 firearm related arrests made in 2013. News reports are occurring on a regular basis... by jmiller | Feb 15, 2014 | Constitutional Rights, Drugs, Guns, Search & Seizure
Recently, the Massachusetts Appeals Court upheld a District Court Judge’s decision suppressing evidence from a civil motor vehicle stop. In Commonwealth v. Michael Bernard, a State Trooper stopped the defendant’s car because the car had a tinted plastic cover over... by jmiller | Feb 11, 2014 | Constitutional Rights, Drugs, Guns, Search & Seizure
On January 31, 2014 the Brockton Enterprise reported Brockton Police raided a second floor apartment on Pleasant Street. The raid resulted in the seizure of crack cocaine, heroin, Percocet, a firearm, ammunition and other illegal paraphernalia. BROCKTON GUN &... by jmiller | Feb 3, 2014 | Constitutional Rights, Guns, Search & Seizure
According to the Salem News, police stopped Deshawn Mosley for speeding. Using a radar device, police estimated Mosley’s speed at 10 m.p.h. over the posted speed limit. Police approached Mosley and asked for license and registration. Mosley reached into the... by jmiller | Feb 4, 2018 | Clerk's-Hearing
A clerk’s hearing is an opportunity to prevent a criminal complaint from issuing against you. Why is it important? Read on!!! Have you been summonsed for a clerk’s-hearing in Massachusetts? What is a clerk’s hearing (also known as a... by jmiller | Jan 25, 2018 | Constitutional Rights, Due Process Rights, Search & Seizure
If you are attending a court proceeding, you will frequently hear the Prosecutor, Defense Attorney or the Judge use the word “motion.” So what is a motion? While there are a variety of types of motions, that will be discussed below, when someone makes a... by jmiller | Jun 22, 2015 | Constitutional Rights, Drugs, Due Process Rights, Guns, Search & Seizure
The Police are conducting a drug investigation. They believe “John Doe” is selling drugs from his residence. In an affidavit in support of a search warrant for “John Doe’s” residence, they state they have conducted multiple controlled buys of drugs from “John Doe,”... by jmiller | Dec 15, 2014 | Constitutional Rights
Last week, Superior Court Judge Susan Garsh barred the prosecutor from introducing certain “bad acts” in the Aaron Hernandez murder trial Hernandez has been charged with the murder of Odin Llyold. The trial is scheduled to begin in the Bristol Superior Court in... by jmiller | Oct 22, 2014 | Uncategorized
On October 8, 2014, the Boston Herald published an article relating to Boston Police Department stop and frisk practices. The article referenced a report conducted by the ACLU. The report reviewed BPD data relating to “police-civilian” encounter from 2007-2010. The... by jmiller | Oct 19, 2014 | Constitutional Rights, Search & Seizure
In Massachusetts, a person may lawfully be stopped by police and frisked of the officer has reasonable suspicion that a person has committed a crime, is committing a crime or is about to commit a crime and the officer has a reasonable belief the person is armed and... by jmiller | Sep 27, 2014 | Constitutional Rights, Drugs, Search & Seizure
On September 24, 2014, Massachusetts State Police arrested Daniel Dingui for trafficking Heroin. According to the blog MSPnews.org, a Trooper stopped a red Acura for motor vehicle violations on Route 2 in Leominster, MA. The blogpost indicates Dingui was a passenger... by jmiller | Sep 26, 2014 | Constitutional Rights, Drugs, Search & Seizure
On September 25, 2014, the Boston Herald reported Gary L. Bond of Haverhill, MA, was charged with a variety of drug offenses including trafficking cocaine. The story garnered a lot of media attention due to the fact Mr. Bond recently won $1 million dollars on a... by jmiller | Sep 24, 2014 | Constitutional Rights, Drugs, Search & Seizure
On September 22, 2014, Boston Police arrested Ra’Quan Baker-Parham for unlawful possession of a firearm. According to a post on the BPDNEWS website, officers observed a group of 5 people sitting in a circle on the grass of the Boston Common. The officers smelled a... by jmiller | Aug 23, 2014 | Constitutional Rights, Drugs, Search & Seizure
According to the Brockton Enterprise, four people were arrested when over 1000 pounds of marijuana was seized from an Avon, MA warehouse. The article states the marijuana was seized from several large boxes that were filled with ears of corn. As a result of the...
Recent Comments