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When Can a Defendant Waive Their Right to a Jury Trial? Most of us know that there is a fundamental right to a jury trial. However, there is also a right to waive a jury trial. The case of Commonwealth v. Gebo is pending before the Massachusetts Supreme Judicial Court and involves…
What is an “unduly suggestive” procedure in a criminal lineup? According to the Constitution, it is a violation of Due Process if it is “unduly suggestive.” Examples of “unduly suggestive” can include things like being the only person of a certain race in a lineup, or being the only person…
The Fourth Amendment is a very important right. However, it is often overshadowed by its many, many, exceptions. The Massachusetts Appellate Court recently examined a patfrisk case stemming from a motor vehicle stop. At this stop, the highly dangerous drug fentanyl was found. Fentanyl is often so potent that 3…
Massachusetts Supreme Judicial Court to Hear Police Surveillance Case Under the Fourth Amendment and the United States Supreme Court precedent, there is a reasonable expectation of privacy from government intrusion that all Americans enjoy. The home is one of the most sacred places when it comes to privacy. It is…
Can a Case Based on a Photo be Decided Without the Photo? Massachusetts Appellate Court Decides. Photographing a nude or partially nude person in an area where they have a reasonable expectation of privacy is a crime in Massachusetts. But what if the alleged photograph is never produced at trial?…
Massachusetts Supreme Judicial Court Decides Admissibility of Cell Site Location Information Cell site location information (CSLI) is a highly controversial form of evidence used in courts across the country. CSLI allows cell phone companies to give your location information to law enforcement if you are a suspect in a crime.…
Massachusetts Supreme Judicial Court Decides Miranda Rights Case, Can a Person Re-Invoke Their Right to Have an Attorney Present? Many of us know from film and television that we have the right to remain silent after being arrested. This is one part of our Miranda rights. But what happens when…
Many cities across the country use unreliable measures to justify racially motivated, unconstitutional, stops and searches disguised as a traffic stop. In Commonwealth v. Bailey-Sweeting, the Supreme Judicial Court has the opportunity to make one of these incidents right. Despite the Black population of New Bedford making up just 7%…
Massachusetts Supreme Judicial Court Decides Parent-Child Testimony Privilege In Massachusetts evidence law, there are limits on who may give testimony in various civil and criminal proceedings. One set of limitations is found in a Massachusetts statute that applies to the testimony of a parent or minor child against another in…
Massachusetts Court of Appeals Decides a Classroom Death Threat Case In the years following the 1999 Columbine shootings, the United States has seen approximately 284 mass shootings in schools across the country. Due to this tragic fact, threats of violence in schools are taken very seriously. In a recent decision…