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Articles Posted in Search and Seizure

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SJC Rules that Car Renter’s Decision to Allow Person Who is not on Rental Agreement to Drive Does not Amount to a Crime

The Supreme Judicial Court recently issued a decision – Commonwealth v. Campbell – affirming the allowance of the defendant’s motion to suppress on the ground that his operation of the vehicle, which had been rented by his mother, did not constitute use without authority under G. L. c. 90, § 24(2)(a),…

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Framingham Couple Arrested for Possession with Intent to Distribute Marijuana

According to an article in the MetroWest Daily News, a man and a woman were arrested in Framingham earlier this week by police officers searching for a suspect in an unrelated crime.  The article states that the police went to 10 Main Street in Framingham looking for a suspect believed…

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Man Charged with Murder of Westborough Woman Seeks to Suppress Statements to the Police

According to an article in the MetroWest Daily News, attorneys for a New Hampshire man charged with murder are seeking to prevent the prosecutor from admitting the man’s statements at trial, as well as all of the evidence derived from those statements.  The man allegedly murdered 19 year-old woman from…

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SJC Rules that Smell of Unburnt Marijuana is not Enough to Search People, Cars

This past week, in Commonwealth v. Overmyer and Commonwealth v. Craan, the Supreme Judicial Court ruled that the smell of unburnt marijuana alone is not enough to establish probable cause to search a car. The facts of the cases are as follows: Overmyer was in a car accident in Pittsfield and…

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SUPREME COURT RULES THAT POLICE MUST GET WARRANT TO SEARCH A SUSPECT’S CELL PHONE

This past week, the United States Supreme Court issued a decision holding that “the police generally may not, without a warrant, search digital information on a cell phone seized from an individual who has been arrested.” The decision addressed two unrelated cases – Riley v. California and United States v.…

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SJC Rules that Police Must Get a Search Warrant for Cell Site Location Information

On February 18, 2013, the Supreme Judicial Court issued a decision in Commonwealth v. Augustine.  In the decision, the court ruled that the Commonwealth must obtain a warrant supported by probable cause before getting cell site location information (CSLI) associated with a particular cellular telephone from cellular telephone providers.  CSLI…

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Police Search Framingham Man and Find Various Drugs

A Framingham man was arrested last week on various drug charges. According to an article in the MetroWest Daily News, police responded to a report of a loud argument on Carlson Road. When the police arrived, they found the defendant and several other people walking in the area. The police reportedly…

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Westborough High School Student Arrested on Drug and Alcohol Charges

According to an article in the MetroWest Daily News, an eighteen-year-old student at Westborough High School, was recently arrested for a number of drug related offenses, including possession with intent to distribute marijuana. A school administrator allegedly saw the defendant and two female students enter the defendant’s car, which was parked…

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