The Fourth Amendment guarantees a right to privacy and protects against unreasonable searches and seizures. A cell phone contains a great deal of private information and thus the owner of the phone should have a reasonable expectation of privacy. In 2007, Brima Wurie was arrested for allegedly selling drugs in a South Boston parking lot. As he was being booked by law enforcement, his cellular phone rang. The caller ID indicated the call was coming from his home. The police opened the … [Read more...]
Did Chemist Have her Thumb on the Scale?
Boston Criminal Defense Lawyer Discusses the Impact of a Breach of Protocol at a Massachusetts Crime Lab Is your loved one serving time in jail for a drug conviction? If so, you may want to contact a Boston criminal defense lawyer to determine if the evidence that led to the conviction was properly handled and uncompromised. Crime Lab Protocol Laboratory tests are crucial evidence in many criminal cases. Technicians, chemists, and toxicologists work at crime labs to conduct tests, such as … [Read more...]
Admissibility of Polygraph Test Results
Are polygraph test results admissible? In my work as a Boston criminal defense attorney, I sometimes have clients ask me about the wisdom of taking a lie detector or “polygraph” test. Here is what you need to know. How does a polygraph test work? The polygraph test is based on the theory that lying is stressful, and that stress causes physical reactions which can be measured and recorded. The test uses sensors to record an individual’s breathing rate, pulse, blood pressure, and perspiration. … [Read more...]
Expert Evidence and the Confrontation Clause
Does a defendant have a right to confront the government’s expert witnesses?The Sixth Amendment’s Confrontation Clause gives criminal defendants the right to require witnesses against them to come to court and be cross-examined. One key question that arises under the Confrontation Clause is whether a defendant has the right to cross-examine government experts who perform testing or analysis (e.g., DNA testing or blood analysis) and submit written reports to the prosecutor, but do not testify. … [Read more...]
