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Massachusetts Appeals Court Tosses Drug Evidence Where Cops Failed to Conduct a Lawful Protective Sweep During Search of Lynn Apartment

The Massachusetts Appeals Court yesterday reversed a district court judge's denial of a defendant's motion to suppress drugs, ruling that the district court judge incorrectly justified the search as a "protective sweep."  The name of the case is Commonwealth v. Colon. (more…)
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Massachusetts Appeals Court Upholds Suppression of Cocaine Discovered During Bogus Inventory Search

The Massachusetts Appeals Court today affirmed a superior court judge's order suppressing a large amount of cocaine because the State Police improperly searched a car under the guise of an "inventory search."  The name of the case is Commonwealth v. Ortiz.  (more…)
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Massachusetts Appeals Court Allows Wrongfully Convicted Defendant to Sue the Commonwealth for Damages

Posted on October 20, 2015 in
The Massachusetts Appeals Court yesterday ruled that a man wrongfully convicted of drug trafficking is entitled to sue the Commonwealth for damages.  The name of the case is Santana v. Commonwealth.  (more…)
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Massachusetts Appeals Court Rules Defendant Cannot be Convicted of Misleading a Cop When the Criminal Investigation is a Sham

Posted on October 13, 2015 in
The Massachusetts Appeals Court today reversed the conviction of a man who was found guilty of misleading a police officer because the "crime" the officer was investigating was a ruse to obtain incriminating evidence from the defendant.  The name of the case is Commonwealth v. Occhiuto.  (more…)
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Massachusetts Supreme Judicial Court Rules Cops May Not Stop Automobiles to Investigate the Smell of Marijuana

In an important decision delivered today, the Massachusetts Supreme Judicial Court ruled that a police officer lacks the constitutional authority to stop a motor vehicle simple because the smell of marijuana smoke is emanating from the inside of the car.  The name of the case is Commonwealth v. Rodriguez.  (more…)
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