When can a Police Officer Order you to Exit your Motor Vehicle after a traffic stop?
- March 26, 2023 at 11:53 pm by Steven Topazio
The Massachusetts Supreme Judicial Court held that a police officer may order a driver of a motor vehicle to exit the vehicle during a traffic stop if the officer has a reasonable suspicion that the driver poses a threat to officer’s safety.
Court Suppresses Firearm Discovered During An Investigatory Stop After It Finds Stop Was Based On A Hunch Rather Than Reasonable Suspicion Grounded In Specific, Articulable Facts And Reasonable Inferences Drawn Therefrom.
- May 12, 2020 at 6:26 pm by Steven Topazio
Commonwealth v. James Kearse, Docket # 18-P-1619 (2020) After observing the defendant, James Kearse, standing in the vicinity of two other men who engaged in a quick handshake, Brigido Leon, an officer in the Boston Police Department’s drug control unit (DCU), believed he had observed a hand-to-hand drug transaction. Officer Leon radioed other officers to conduct an investigatory stop of the defendant and his companion. As a result of this stop, the defendant was pat read More
The Exigent Circumstances Exception To The Search Warrant Requirement Is Inapplicable To Establish Probable Cause Where The Police Create The Exigency Themselves By Not Procuring A Search Warrant When It is Practical to Do So Before Going Into The Defendant’s Residence To Make A Warrantless Arrest
- April 16, 2020 at 5:25 pm by Steven Topazio
In the case of Commonwealth Vs. Jean Alexis, 481 Mass. 91 (2018) the SJC held that a Superior Court judge properly allowed the criminal defendant’s pretrial motion to suppress evidence that police officers observed in plain view during a protective sweep of his dwelling after his warrantless arrest, where, under art. 14 of the Massachusetts Declaration of Rights, the police could not avail themselves of the exigent circumstances exception to the warrant requirement when it read More
The Police Cannot Search An Individual’s Home For Drugs Unless They Obtain A Search Warrant Based On Probable Cause
- April 16, 2020 at 3:22 pm by Steven Topazio
In Commonwealth Vs. Jillian M. Silva, 94 Mass. App. Ct. 270 (2018), the Appeal’s Court reversed the allowance of the defendant’s motion to suppress drugs seized from her apartment and concluded that, contrary to the Superior Court Judge’s ruling, the police affidavit in support of its application for a warrant to search the apartment established probable cause to believe that drugs would be found there. The Appeals Court found that police observations of an individual’s read More
Discharging a Firearm Within 500 feet of building in violation of MGL c. 269 § 12E is a Strict Liability Offense requiring No Criminal Intent or Mens Rea
- March 26, 2020 at 4:45 pm by Steven Topazio
In Commonwealth v. Kelly (No. SJC-12710) – January 30, 2020, the Supreme Judicial Court affirmed a defendant’s conviction of discharging a firearm within 500 feet of a building, in violation of M.G.L. c. 269 § 12E, and unlawful possession of a firearm, in violation of M.G.L. c. 269 § 10(h). The court, in this matter of first impression, held that section 12E does not require any mens rea as to the element of discharge and read More
The Validity Of An Inventory Search Turns On The Propriety Of The Underlying Impoundment Decision
- March 13, 2020 at 7:31 pm by Steven Topazio
In the case of Commonwealth vs. Wilson Goncalves-Mendez, 484 Mass. 80 (2020), the SJC affirmed the allowance of the defendant’s motion to suppress, because the impoundment of his motor vehicle was found to be unreasonable in light of his “passenger’s availability to drive and the failure by police to ask the defendant whether the passenger taking custody of the vehicle would be a preferred alternative.” The court held that when the police are aware that read More
Stop and Frisk law in Massachusetts
- March 12, 2020 at 5:30 pm by Steven Topazio
The law on patfrisks has been clarified in the case of Commonwealth v. Torres-Pagan, 484 Mass. 34, (2019). A stop and frisk occurs when a police officer temporarily detains a pedestrian and pats down their outer clothing when there are specific and articulable facts leading a reasonable police officer to believe that the person is engaged in criminal activity and is armed and dangerous. Both the Fourth Amendment to the United States Constitution and art. 14 of read More
“Field Sobriety Tests” CANNOT be used to establish that a driver who has used marijuana is legally impaired in OUI Marijuana cases.
- February 20, 2020 at 10:08 pm by Steven Topazio
In the case of Commonwealth v. Gerhardt, the Supreme Judicial Court ruled that a police officer can testify to observations made during field sobriety tests of drivers suspected of being under the influence of marijuana, but the results of those field sobriety tests may not be used as the sole evidence to convict someone of driving under the influence of marijuana. In order for a police officer to testify to the correlation between marijuana impairment read More
Restitution as a Condition of Probation
- February 9, 2020 at 4:13 pm by Steven Topazio
A defendant’s ability to pay is a consideration in determining whether to order restitution as a condition of probation. In the case of Commonwealth vs. Kim Henry, 475 Mass. 117 (2016), the court addressed the issue of restitution as a condition of probation to the victim. The facts of the Henry case are as follows. The defendant was employed as a cashier at a Walmart department store in Salem. A Walmart video camera captured the read More
The meaning of the “stay-away” provision in the typical 209A abuse prevention and 258E harassment prevention order
- February 3, 2020 at 11:29 pm by Steven Topazio
The protected party need not actually be present. In the case of Commonwealth v Goldman, 94 Mass. App. Ct. 222 (2018), the appeals court concluded that if no distance is specified in a harassment prevention order pursuant to G. L. c. 258E, then the provision that the defendant remain away from the protected party’s residence prohibits the defendant from crossing the residence’s property line, engaging in conduct that intrudes directly into the residence, and coming read More