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Massachusetts Appellate Court to Decide Constitutionality of Traffic Stop and Frisk The Fourth Amendment and the state equivalent have many exceptions. Officers are generally permitted to patdown the outer layer of a person’s clothes during a traffic stop if the officer fears that the person may be armed and…
The unfortunate reality is that oftentimes in criminal and civil trials, alike expert witnesses rely on pseudo-science and pseudo-psychology in their testimony. The Massachusetts Appellate Court recently decided the case of Commonwealth v. Delossantos, which dealt with an expert witness’s unreliable testimony about the behavior of drug users, What happened…
As a Worcester Criminal Defense Lawyers. a recent case from Worcester Country decided by the Massachusetts Appeals Court raised important issues of search and seizure in drug cases. Drug cases often involve confidential informants and whether police can establish a nexus between the location of the search and drug distribution…
Those facing a Massachusetts Drug Distribution or Trafficking charge often contest the Constitutional basis of the search and seizure as part of the defense to the case. This was the case in Commonwealth v. Costa, which began as a drug distribution case out of the New Bedford District Court and…
The U.S. Supreme Court will decide whether to hear the case of Zamudio v. United States which raises the issue of whether a search warrant can legally be issued for a suspected drug trafficker’s residence without evidence that the residence is being used for criminal activity. Attorneys for Juan Zamudio…
The Massachusetts Supreme Judicial Court heard oral argument on April 2 in the Commonwealth v. Long. This case raises the issues of the detection of marijuana and probable cause to search a commercial building. In this case, two officers were conducting patrol when they noticed two vehicles parked behind…
The Massachusetts Supreme Judicial Court heard oral argument in the case of Commonwealth v. Jesse Carrillo, where the defendant was convicted of involuntary manslaughter based on providing heroin to the deceased. The defendant was a heroin addict himself and the evidence at trial indicated that he went to New York…
Recently, the Massachusetts Supreme Judicial Court addressed a plan to handle the numerous potentially-tainted drug cases that are a result of Annie Dookhans mishandling of evidence. Originally, there were several indications that the criminal justice system would adopt a blanket approach to handling the cases; many people called for complete and utter…
The Massachusetts drug lab scandal impacted thousands of drug cases and resulted in new trials and convictions overturned in many. Now New Jersey faces a similar scandal. Lab technician Kamalkant Shah was found to have “dry labbed” suspected marijuana samples. Shah was observed writing ‘test results’ for suspected marijuana that…
Last month the House voted unanimously for a bill that would repeal the 1989 Massachusetts law requiring automatic license suspensions for drug offenses, regardless of whether or not offenses had a driving component. The Bill was passed by the Senate last year. However, Republican House members added an amendment to…