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Massachusetts Court of Appeals Decides a Classroom Death Threat Case In the years following the 1999 Columbine shootings, the United States has seen approximately 284 mass shootings in schools across the country. Due to this tragic fact, threats of violence in schools are taken very seriously. In a recent decision…
Circuit Split Arises Over Transgender Prisoner Rights It is well known that the Eighth Amendment to the Constitution prevents cruel and unusual punishment. However, what constitutes cruel and unusual punishment is a decision that is left to the court’s’ discretion. There is a deep divide as to whether core issues…
Massachusetts Appellate Court Decides Text Message Restraining Order Case A typical restraining order prohibits contact between two people, typically in a domestic violence or stalking situation. But what qualifies as contact? Are text messages from a certain phone number considered “contact” even though there is no way to prove who…
Massachusetts Appellate Court Decides Sex-Crimes Case With No Sexual Offense Is it possible to be labeled as a sex offender when no sexual assault ever occurred? The Massachusetts Court of Appeals decided this question in the case of John Doe v. Sex Offender Registry Board. What happened in the Doe…
The Sixth Amendment promises the right to confront an adverse witness. However, when the witness is on the other end of a 911 call, this can lead to tricky constitutional issues. The Massachusetts Supreme Judicial Court will soon decide a confrontation clause issue in Commonwealth v. Rand. Hopefully, the SJC…
The Massachusetts Court of Appeals held that pretextual inventory searches do not comport with the Fourth Amendment in the case of Commonwealth v. Lek. In the Lek case from Lowell the police detective conceded that he was using traffic infractions in order to detective gang activity. In other words, traffic…
The irony of living in a high crime area is that it makes the innocent more susceptible to searches and arrests. The case of Commonwealth v. Karen K. looks at a juvenile who was searched based on a police officer’s assumptions about the local area. What happened in the Karen…
Do You Have A Reasonable Expectation of Privacy in the Basement of a Multifamily Home That You Do Not Own? The Fourth Amendment protects against places in which they have a subjective reasonable expectation of privacy. But when is this expectation unreasonable? The Appeals Court of Massachusetts, Bristol answered this question…
Breath test evidence is heavily contested in Massachusetts OUI trials. When someone takes a breath test, as a Massachusetts OUUI Lawyer, we attempt to exclude the results from evidence as being unreliable. But what happens if the machine does not register, is the failed attempt to take a breath test…
The Fourth Amendment protects against government intrusion in the home and provides for a reasonable expectation of privacy. But does this protection extend to the most intimate areas of a person’s body? The case of Brown v. Wisconsin is pending before the Supreme Court and looks at the issue of…