Text DelSignore Law at 781-686-5924 with your name and what kind of charge you are texting regarding.
The Massachusetts Supreme Judicial Court heard oral arguments on December 5, 2022, in a case that discussed searches and seizures from a vehicle at one’s workplace based on anonymous tips. The defendant filed a motion to suppress the evidence found as a result of the search of his vehicle on…
A defendant convicted on a drug possession charge challenged the legality of using drug-sniffing dogs for probable cause for a strip search. The Massachusetts Appeals Court affirmed the conviction of the defendant and the use of the drug-sniffing dog alert as probable cause to strip search in Commonwealth v. Elijah…
Under the Fourth Amendment, police cannot search a person’s home with a warrant, with limited exceptions. When there is a warrant issued, it must be particularized and specific. Officers are typically not allowed to search outside the limits of the warrant. The Massachusetts Appeals Court recently looked at the case…
Massachusetts Appellate Court Decides Stop and Frisk Case The controversial police method of stop and frisk had been heavily debated since its inception. However, some courts have held stop and frisks to be legal so long as there is a reasonable justification. The Massachusetts Appellate Court looked at this issue…
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%…
The Massachusetts Court of Appeals held that pretextual inventory searches do not comport with the Fourth Amendment in the case of Commonwealth v. Lek. In the Lek case from Lowell the police detective conceded that he was using traffic infractions in order to detective gang activity. In other words, traffic…
Do You Have A Reasonable Expectation of Privacy in the Basement of a Multifamily Home That You Do Not Own? The Fourth Amendment protects against places in which they have a subjective reasonable expectation of privacy. But when is this expectation unreasonable? The Appeals Court of Massachusetts, Bristol answered this question…
The Fourth Amendment protects people from unreasonable intrusion and promises that citizens will not have their “persons, houses, papers, and effects, against unreasonable searches and seizures.” Carlisle v. Kentucky asks the question of whether courts can adopt a categorical rule allowing law enforcement to prolong every traffic stop by…
The case of Commonwealth v. Josiah Zachery that is current before the Massachusetts Supreme Judicial Court raises the issue of whether there is a reasonable expectation of privacy in data from the Charlie Card, which is used to ride the commuter rails in Boston. This issue is likely to reoccur…
The Fourth Amendment precludes police officers from entering a home without a warrant; one of the exceptions to this requirement is when consent to search is given. The Massachusetts Appeals Court addressed the issue of who can consent to a search in the case of Commonwealth v. Richard Santos decided…