In drug prosecutions in the state courts of Massachusetts, expert witnesses may not present negative profiling evidence. In Commonwealth v. Horne, 476 Mass. 222 (2017), it was determined that the prosecution may not present evidence that “since the defendnat did not meet the physical characteristics of a drug addict, he must be a drug dealer.” The case highlights that the Commonwealth can’t use:
- Profiling Evidence;
- Negative Profiling Evidence; or
- Comparisons to Negative Stereotypes against the Defendant in a Criminal Trial.
As a result, if you are facing drug charges, contact a drug attorney who has the experience to help you. Contact Drug Attorney Shane W. Surrette at (774) 364-4605 or at firstname.lastname@example.org today.
In Massachusetts, after the arrest of a driver, a motor vehicle may be impounded for one of four legitimate purposes. These four circumstances include:
- Protection of the vehicle and contents from theft or vandalism;
- Safety of the public from dangerous items in the vehicle;
- Public safety concerns;
- Where the vehicle is parked on private property without permission of the owner.
These scenarios were rearticulated in the case of Commonwealth v. Oliveira, 474 Mass. 10 (2016). Where the true purpose of the seizure is to search the vehicle, the seizure of the vehicle may not be justified as a precursor to an inventory search. As a result, if you are in a situation where your vehicle has been impounded and searched, contact the Worcester MA Attorneys who can help you. Conact the Law Office of Shane W. Surrette today at (774) 364-4605 or at email@example.com.
In Commonwealth v. Thomas, 476 Mass. 451 (2017), the Mass. Supreme Judicial Court “urged police departments to devise a protocol for the identification of inanimate objects where such an identification would inculpate a defendant.” In devising such a protocol, police departments are urged to consider whether:
- The witness should be asked to provide a verbal description of the object before the object is shown to the witness;
- The officer should tell the witness that the object that will be shown may or may not be the object the witness described;
- Witness certainty should be inquired of by the officer if an identification is made; &
- Clarificiaton should be obtained as to whether the object is the one the witness saw, or whether it simply looks like the object.
If you or someone you know is charged with an offense where identification of an inamimate object or a photo thereof is made, it is important to have a criminal lawyer with you who understands identification evidence. Contact Criminal Lawyer Massachusetts Shane W. Surrette at (774) 364-4605 or at firstname.lastname@example.org today.
In order to be admitted in evidence at a criminal trial in Massachusetts, the statements of an accused must be voluntarily given. There are certain factors that the courts will look at in determining the voluntariness of a statement. These include:
- Promises or other inducements;
- Conduct and condition of the defendant;
- Defendant’s age, education, intelligence and emotional stability; &
- The defendant’s experience with the criminal justice system.
Commonwealth v. Mandile, 397 Mass. 410, 413 (1986). If you or someone you know is facing criminal charges and have made statements to the police, contact a criminal defense lawyer who can review those statements with you to see if they pass the test of voluntariness. Contact Criminal Defense Attorney-Worcester, MA, Shane W. Surrette at (774) 364-4605 or at email@example.com today.