Massachusetts Criminal Defense Lawyer Blog

Can Police Search You During a Traffic Stop in Massachusetts

January 6, 2022 | by Michael DelSignore

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 milligrams is enough to kill a grown man. To put this into perspective, 3 milligrams of fentanyl is difficult to see with the naked eye. The Massachusetts Appellate Court looked at a motion to suppress fentanyl seized during a traffic stop in Commonwealth v. Wade.

What happened in the Wade case?

Defendant Wade allegedly sped past a state trooper at 11 pm while the officer was pulled over on the side of the road conducting another stop. Wade was with four other passengers. Officers claimed that the car smelled like marijuana. In addition, the driver did not have a license or registration. Officer also said they found it suspicious that one passenger had his hood up and his hand in his pockets. The officer demanded he remove his hand from his pockets but the passenger did not. Other passengers were reaching in their pants and pockets. Wade put his hands in his waistband. The officers then pulled Wade out of the car and searched him. They found a pill bottle with the name removed. The fentanyl was found in the bottle.

United States Supreme Court Likely to Dramatically Restrict Access To Abortion in Summer 2022

January 4, 2022 | by Michael DelSignore

United States Supreme Court Likely to Dramatically Change Access To Abortion in Summer 2022

As of now, abortion is considered a constitutional right under Roe v. Wade. Roe was decided in 1973 when the Supreme Court held that the right for a woman to get an abortion is protected under the implied right to privacy that is in the “penumbras” of the constitution. This right to privacy extends to people’s private lives, including sex, contraception, marriage, child rearing, and abortion.

There have been challenges to abortion before, but none as flagrant as the case that the Supreme Court recently heard oral arguments on called Dobbs v. Jackson Women’s Health Organization, which asks the Supreme Court “whether all pre-viability prohibitions on elective abortions are unconstitutional.” The state of Mississippi, where this clinic is located, is hoping that the Supreme Court will answer “yes.”

Can the Police Install Cameras to Look Into Your Home? Massachusetts Supreme Judicial Court Will Decide.

December 29, 2021 | by Michael DelSignore

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 a place that is only subject to government intrusion with a warrant. However, what if the government intrudes into the home not physically, but by camera? The Massachusetts Supreme Judicial Court heard arguments next week in the case of Commonwealth v. Comenzo. This case was argued on October 6, 2021.

What happened in the case?

Will Affirmative Action in College Admissions Become A Thing of the Past? Supreme Court May Decide.

December 27, 2021 | by Michael DelSignore

Will Affirmative Action in College Admissions Become A Thing of the Past? Supreme Court May Decide.

Minorities in this country, specifically Black Americans, have suffered unthinkable injustices on the basis of race. The Supreme Court in the controversial 2003 case of Grutter v. Bollinger the Supreme Court held that using race as a factor in college admissions does not violate the Fourteenth Amendment’s equal protection clause. However, the Supreme Court did strike down the use of racial quotas in college admissions in Regents of the University of California v. Bakke, back in 1978.

The current state of affirmative action for college admissions is that race can be used as a “soft plus factor” but strict racial quotas are prohibited. The opinion in Grutter made clear that affirmative action was not meant to last forever, rather it was supposed to be used for as long as it takes to reach equality among the races, and to reverse past injustices. Affirmative action was always meant to be a temporary solution.

Can Race be a Factor During a Police Seizure? US Supreme Court May Decide.

December 17, 2021 | by Michael DelSignore

The Fourth Amendment is one of the most important constitutional rights we have. The Fourth Amendment was added to the constitution out of the Founder’s frustration with so called “general searches” in colonial times. The authorities were allowed to search for anything at any time and the colonists were very frustrated. In the modern time, the Fourth Amendment has been nearly swallowed whole by the endless amount of exceptions. Yet another Fourth Amendment case in pending before the United States Supreme Court in the case of Knights v. United States.

What is at issue in the Knights case?

The Supreme Court has previously held that if a person is seized under the Fourth Amendment if in view of all the circumstances surrounding that incident, a reasonable person would have believed he was not free to leave. What constitutes a restraint on liberty prompting a person to conclude that he is not free to leave will vary, not only with the particular police conduct at issue but also with the setting in which the conduct occurs.

What to do after being an accident with a Lyft driver after recent court case

December 13, 2021 | by Michael DelSignore

First Circuit Decides Important Case About Lyft Drivers

Rideshare services like Lyft and Uber have changed the world. Users can request a ride from pretty much anywhere on their app, making it a convenient option for nights out, trips to the airport, and even everyday use. These new apps have made taxis nearly obsolete. However, in the past couple of years, concerns have arisen regarding the compensation structure of these apps. The apps make it very easy to become a driver, raising safety concerns. Further, rideshare drivers were some of the essential works most at risk during the pandemic and did not receive hazard pay. The First Circuit decided his week a case that decides whether Lyft drivers are workers engaged in interstate commerce in the case of Cunningham v. Lyft.

What happened in the Cunningham case?

Both Title VII and Title IX Available for University Workplace Sex Discrimination

December 10, 2021 | by Michael DelSignore

Both Title VII and Title IX Available for Workplace Sex Discrimination

People can now sue under both Title VII and Title IX for sex bias claims. Both Title VII and Title IX are used to combat discrimination. Title VII protects from discrimination in the workplace and Title IX covers education activities and institutions.

Plaintiff Micki Harrington claimed in her lawsuit that she was subjected to sexual harassment and pay discrimination in violation of both statutes. The United States District Court for the District of Massachusetts decided this in the case of Harrington v. Lesley University.

What is Involuntary Manslaughter in Massachusetts?

November 28, 2021 | by Michael DelSignore

A key component to murder is mens rea or a guilty mind. What separates murder from manslaughter is intent. In Massachusetts involuntary manslaughter is defined as an unlawful killing that was unintentionally caused as the result of wanton or reckless conduct that a defendant engaged in or an unlawful killing that resulted during the commission of a dangerous battery by a defendant.

Wanton and reckless conduct is typically an affirmative act, such as driving a vehicle or shooting a firearm, but an omission to act when there is a duty to do so.

In order for a defendant to be convicted of involuntary manslaughter on a theory of wanton and reckless conduct, the prosecution must prove the following elements beyond a reasonable doubt

Kyle Rittenhouse Found Not Guilty on all Charges

November 26, 2021 | by Michael DelSignore

Last summer, during the height of the Black Lives Matter movement, James Blake, a Black man was shot seven times in the back by Kenosha, Wisconsin police officer Rusten Shekey. Blake is now paralyzed. The shooting occurred in front of Blake’s three children. The officer who caused Blake’s horrific injuries will not press charges. Protests erupted in Kenosha and there was outrage nationwide.

Along with the protests came looting and discretion and property. Kyle Rittenhouse, a 17-year-old from Antioch, Illinois, traveled to Kenosha brandishing an AR-15. He claimed he was present at the protests to protect people and property. Rittenhouse was pursued by a group of protestors. Joseph Rosenbaum, who was unarmed, launched at Rittenhouse in an attempt to grab his rifle. Rittenhouse shot him four times. After shooting, he was then chased by a crowd of at least a dozen people, he tripped and fell after being hit in the head. Maurice Freeland then attempted to jump-kick Rittenhouse and missed both shots Rittenhouse fired. While Rittenhouse was still on the ground, Anthony Huber struck him on the shoulder with a skateboard and attempted to take his rifle. Rittenhouse shot him in the chest, killing him. Finally, Gaige Grosskretuz approached Rittenhouse while pointing a handgun at him, Rittenhouse shot him again in the right arm.

Rittenhouse was charged with two counts of homicide, one count of attempted homicide, two counts of reckless endangerment, one count of unlawful possession of a firearm, and one count of curfew violation.

Proposed Legislation requiring OUI drugs in Massachusetts

November 14, 2021 | by Michael DelSignore

Governor Charlie Baker Introduces Legislation to Address “Drugged Driving”

Massachusetts was one of the first states to legalize marijuana for recreational use in 2016. However, with marijuana legalization came accidents resulting from driving while high. To address is this issue, governor Baker announced a legislative proposal that would update Massachusetts’s road safety laws. The legislation is named for State Trooper Thomas Clardy, who was killed when a driver high on marijuana crashed into his car.

This new bill would adopt the recommendations of the Special Commission on Operating Under the Influence and Impaired Driving by revoking someone’s license for six months if they are suspected of operating under the influence and marijuana and refuse to take a chemical test for impairment. Additionally, the bill would prohibit drivers from having loose or open packages of marijuana in their cars. This new bill would treat marijuana much like alcohol for driving purposes. Currently, if someone is charged with OUI drugs, a police officer will typically file an immediate threat suspension which takes the person off of the road for an average of nine months to one year and requires the person to completely a substance abuse evaluation.