Month: June 2017

In general, Article 14 of the Massachusetts Declaration of Rights allows the police to enter a home in four circumstances.  These circumstances include: A judicical warrant supported by probable cause; Probable cause plus exigency, such as hot pursuit of a violent suspect trying to escape; Under the emergency aid doctrine, where the police have an objectively reasonable basis to believe…

When police execute an arrest warrant in Massachusetts, they may conduct a protective sweep of the area if they have a reasonable belief that the area could harbor a dangerous individual.  Some of the factors to be considered in whether the sweep of the general area is based on reasonable suspicion include: the violence implicit in the crime for which…

If you are charged with a drug crime in Massachusetts where possession is an element of the offense, it is important to note that possession has a specific legal definition. The Commonwealth may allege that an individual either directly or constructively possessed the controlled substance.  Constructive possession requires: Knowledge of the item; Ability to exercise control over it; & Intent…

A person charged with certain enumerated offenses under Mass. Gen. Laws. c. 276 section 58A may be held for 120 days pending trial.  An operating under the influence charge may qualify under the statute if there are three prior convictiions against the accused.  This means that in Massachusetts if you are: Charged with operating under the influence of intoxicating liquor;…

If a police officer in Massachusetts completes a routine civil traffic stop, and the officer doesn’t have facts suggesting a reasonable suspicion of criminal activity, the officer is required to allow the individual to drive away.  Commonwealth v. Cordero, SJC-12210 (2017).  This means that a routine stop can’t be prolonged beyond the justification for the stop without evidence suggesting criminality.  In the Cordero case, the…