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...]
Is Your Home Protected? Understanding the Basics of Search and Seizure Law
Whether you live in a small apartment or a grand estate you likely consider your home to be your private retreat – the one place where the troubles and turmoil of life cannot reach you. Or can they? What happens if the police show up at your door demanding to search your home? For most people this would be a frightening experience; however, it happens far more often than you may realize. You may be the epitome of the “law abiding citizen” yet still be the subject of a home search by law … [Read more...]
Bailey v. United States: Police Can Only Detain Individuals in “Immediate Vicinity” of Area to be Searched.
Supreme Court Update from Massachusetts Criminal Defense Lawyer, Kevin J. Mahoney In a testament to the efforts of criminal defense attorneys nationwide to protect citizens from officers who violate their Fourth Amendment Rights, this week the U.S. Supreme Court ruled for the defendant in a case testing the power of the police to detain an individual incident to the execution of a search warrant. Background The 4th Amendment prohibits unreasonable searches and seizures. Generally, this … [Read more...]
SJC Rules Search Warrant Affidavits Open to Public
Boston Criminal Defense Attorney, Kevin J. Mahoney, Explains the Pros and Cons of Opening Search Warrant Affidavits to the PublicA judge may issue a search warrant only upon a showing of probable cause to search a particular place for particular items. Probable cause is established by means of an affidavit – a sworn statement, usually prepared by a police officer, detailing the need for the search. Probable cause is an objective standard; that is, the affidavit must present sufficient … [Read more...]
SJC Rules Police Can Search Cell Phone Without a Warrant
Do the Police Need a Warrant to Search Your Cell Phone? Not Necessarily. Boston Criminal Defense Attorney, Kevin J. Mahoney, Explains the Supreme Judicial Court’s Recent Ruling on Cell Phone Privacy Rights State courts across the country are trying to balance the privacy rights of individuals to the information stored on cell phones with law enforcement’s demands for instant access to any information that will assist them with the investigations and prosecutions of citizens. This week, the … [Read more...]
Can the Police Obtain a DNA Sample Without a Search Warrant?
Boston Criminal Defense Lawyer, Kevin J. Mahoney, Discusses the Legality of DNA SamplingEarly next year, the Supreme Court will be faced with a question with regard to DNA evidence: Can the police collect a DNA sample from a violent crime suspect – a person arrested for, but not convicted of a violent crime; a person who is presumed innocent – and use that evidence against him? To answer this question, the Court has agreed to hear an appeal in the case of Maryland v. King.Maryland v. King Alonzo … [Read more...]
Can the Police Search Your Cell Phone Without a Search Warrant?
Boston, MA Criminal Defense Attorney, Kevin J. Mahoney, Asks: How Private is the Information on Your Cell Phone?As a Massachusetts criminal defense attorney, I am keenly aware of the fact that law enforcement officials often test the limits of the Constitution in their search for evidence and their quest to identify, apprehend and prosecute a suspect. With regard to electronically stored evidence, however, the Constitutional lines are not always clearly drawn. Such is the case with cell phones … [Read more...]
Expanding Government Use of Wiretaps Further Erodes our Rights
Does an expanded wiretap law mean greater protection from violence or less privacy? A Boston criminal defense lawyer weighs in. Earlier this month, Boston police arrested 14 people and broke up an international cocaine syndicate operated by the Boylston Street Gang, which police have described as one of the largest drug rings in recent Massachusetts history. According to Suffolk County District Attorney Daniel F. Conley, wiretaps played a critical role in allowing police to gather evidence … [Read more...]
Attacking Search Warrants
Attacking a search warrant as overbroad or unsupported by probable cause The Fourth Amendment to the Constitution protects individuals from “unreasonable searches and seizures.” To comply with the Fourth Amendment, the search warrant must specify the crime or crimes to which the evidence is related. If there is no probable cause connection between the items to be seized and the crime under investigation, then the warrant is overbroad. This is so even if the warrant does establish … [Read more...]
You Have the Right to be Strip Searched
Supreme Court Rules that Those Arrested for Minor Offenses may be Subjected to a Strip Search as Part of Jail Intake Procedure As the following recent Supreme Court decision illustrates, when you are arrested, you must check your pride, as well as your freedom, at the jailhouse door. You do not, however, have to forfeit your rights under the Constitution. If you have concerns about the way you or a loved one was treated after an arrest, you should discuss those concerns with an experienced … [Read more...]
