{"id":193,"date":"2013-03-12T05:33:27","date_gmt":"2013-03-12T05:33:27","guid":{"rendered":"http:\/\/www.massachusettscriminaldefenselawyerblog.com\/2013\/03\/how-does-a-massachusetts-court.html"},"modified":"2013-03-12T05:33:27","modified_gmt":"2013-03-12T05:33:27","slug":"how-does-a-massachusetts-court","status":"publish","type":"post","link":"https:\/\/www.delsignoredefense.com\/blog\/how-does-a-massachusetts-court\/","title":{"rendered":"How Does A Massachusetts Court Decide If A Police Stop Was Lawful under the Fourth Amendment"},"content":{"rendered":"

As a Brockton criminal defense lawyer<\/a>, a question that arises in many cases is did the officer conduct a legal stop under the Fourth Amendment<\/a>. The Massachusetts Supreme Judicial Court just discussed this issue in the recent case of Commonwealth v. McKoy<\/u><\/a>. <\/p>\n

In Commonwealth v. McKoy<\/u>, two Brockton police officers drove by the defendant and his brother walking down the street on a freezing snowy night. Moments later, the police officers received a call about a shooting that occurred about 100 yards from where they had seen the two men walking. The officers reversed direction and saw the two men continuing to walk with their hands in their pants. The officers got out of the vehicle and drew their weapons and ordered both suspects to the ground. One suspect got away but the defendant was handcuffed and searched. Officers found ammunition and a gun that the defendant had dropped on the ground. The defendant was arrested and found guilty of unlawful possession of firearm and ammunition. <\/p>\n

The defendant contends that the search was unlawful and that the evidence of the gun and the ammunition should be suppressed. The SJC upheld the conviction and ruled that the search was legal and the evidence did not have to be suppressed. For the police officers to engage in a stop, they must have reasonable suspicion that the suspect has committed a crime. The court stated that reasonable suspicion is a twofold test; first was the original stop reasonable and second was the search justified under the circumstances. Reasonable suspicion is defined as would a reasonable officer given the facts of the situation find the actions appropriate? Furthermore an officer can take reasonable steps if they feel they are in danger.<\/p>\n

Continue Reading \u203a<\/a><\/div>\n","protected":false},"excerpt":{"rendered":"

As a Brockton criminal defense lawyer, a question that arises in many cases is did the officer conduct a legal stop under the Fourth Amendment. The Massachusetts Supreme Judicial Court just discussed this issue in the recent case of Commonwealth v. McKoy. In Commonwealth v. McKoy, two Brockton police officers drove by the defendant and […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[],"class_list":["post-193","post","type-post","status-publish","format-standard","hentry","category-gun-offenses"],"yoast_head":"\nHow Does A Massachusetts Court Decide If A Police Stop Was Lawful under the Fourth Amendment — Massachusetts Criminal Defense Lawyer Blog — March 12, 2013<\/title>\n<meta name=\"description\" content=\"As a Brockton criminal defense lawyer, a question that arises in many cases is did the officer conduct a legal stop under the Fourth Amendment. 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