201611.25
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PROBABLE CAUSE TO ARREST FOR DRUG DISTRIBUTION EVEN THOUGH POLICE DID NOT ACTUALLY SEE ANY HAND-TO-HAND TRANSACTION – OR EVEN ANYTHING CLOSE TO ONE

Recently, the Massachusetts Supreme Judicial Court further fleshed-out the law with respect to probable cause to arrest for street-level drug transactions.  Typically, these cases involve the police observing someone passing an object to another person under suspicious circumstances, such as when one car pulls alongside another in a parking lot, and the occupants of the…

201611.18
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POLICE SEARCH AND SEIZURE OF STUDENT CELLPHONE HELD UNCONSTITUTIONAL

In Commonwealth v. White (2016), the Massachusetts Supreme Judicial Court affirmed a Superior Court judge’s allowance of a defendant’s motion to suppress evidence found within the defendant’s cellphone, finding that the warrantless seizure of the cellphone was unreasonable, and that the subsequent search of the cellphone was similarly unlawful. The case involved a high school…