201507.21
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Warrantless Entry

UNLAWFUL WARRANTLESS ENTRY DOESN’T LEAD TO SUPPRESSION OF EVIDENCE? I’m not in the habit of second-guessing the Massachusetts Appeals Court, but a recent decision of the Court disturbs me. The case is Commonwealth v. Komnenus, and it was decided on June 30, 2015. The case involved an appeal of a cocaine trafficking conviction that resulted…

201507.15
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Search and Seizure

In a recent Massachusetts Appeals Court case involving an arrest without a warrant, the Court reaffirmed that when a police officer yells at someone to “stop,” the police officer has “seized” that person, and therefor must have reasonable suspicion that the person has committed, is committing, or is about to commit a crime. In the case, Commonwealth…

201507.10
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Probation Violations

In the District Courts in Massachusetts, typically the most severe punishments are imposed for probation violations, rather than for being found guilty of a crime. Those who are given a jail sentence are almost always on probation when the sentence is imposed. At a probation violation hearing, a court can punish a probationer for either…