Criminal Constitutional Law

The Massachusetts Supreme Judicial Court addressed the issue whether a defendant, who was the object of the police investigation, may still move to suppress evidence seized from the co-defendant under the theory of “target standing”.  Target standing is a legal theory that permits a defendant, who is charged with a possessory offense, such as unlawful possession of drugs or guns,…

In circumstances where criminal defendants, for whatever reason, elect to change their plea to guilty, the attorney must ensure that the client understands the full panoply of potential consequences that might result. One of the issues that must always be addressed before any change of plea is ensuring that the client, if he is not a citizen, understands the potential…

The Massachusetts SJC unfortunately decided a case, in my opinion, the wrong way. In Commonwealth v. Kevin Keo, the Supreme Judicial Court considered whether the defendant, convicted of first-degree murder, was entitled to a new trial where his attorney failed to obtain a full transcript of a witness’s testimony from a separate trial and where the prosecutor gave two inconsistent…

In a recent decision in Commonwealth v. Shabazz Augustine, the Massachusetts Supreme Judicial Court ruled that prosecutors seeking access to a defendant’s cellular site location information are first required to obtain a search warrant based on probable cause. In recent years as the popularity of cell phone use has become so widespread, prosecutors have increasingly sought search warrants of a…

A New York federal judge ruled that the United States government’s phone gathering system is constitutional and a necessary measure to combat possible terrorist attacks against the country. The judge further ruled that Congress was within its rights to establish the system and that it does not violate any citizen’s constitutional rights. Notably, this New York decision is contrary to…

The Massachusetts Declaration of Rights and the United States Constitution afford every citizen with certain fundamental rights, including the right to remain silent and assert one’s privilege against self-incrimination. Just about everyone has heard of that right, but believe it or not, many people charged with a crime either don’t exercise it, or don’t properly assert. The United States Constitution…

In the case of Salinas v. Texas, the United States Supreme Judicial Court recently considered the question of whether a defendant’s pre-arrest silence, prior to being placed in custody or receiving Miranda warnings, can be used against him in a subsequent criminal prosecution as evidence of consciousness of guilt. In this case, prior to being taken into custody, the defendant…

In a recent case involving a constitutional challenge to seizing a person’s DNA without his consent, the United States Supreme Judicial Court, in Maryland v. King, considered whether it is a constitutional violation for police officers to take a defendant’s DNA as part of the normal booking procedure following an arrest. This was authorized by a statute enacted in Maryland.…

The Massachusetts Rules of Criminal Procedure establish time limitations as to when a criminal defendant is charged and to be brought to trial, and these protections are guaranteed in the United States Constitution and the Massachusetts Declaration of Rights. But in many criminal cases, there are a variety of delays that often occur. Delays can result from simple discovery or…

The Massachusetts Supreme Judicial Court recently decided a case involving a challenge to the constitutionality of a statute that criminalizes the Improper Storage of a Firearm. G.L. c. 140, section 131L(a), which criminalizes the improper storage of a firearm that is not within the immediate control of the owner. By law, a firearm that is not within the immediate control…