Mahoney

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Free Report: Massachusetts Warrantless Cell Phone Searches Case Heads to the Supreme Court

August 23, 2014 by Kevin Mahoney

Massachusetts Warrantless Cell Phone Searches Case Heads to Supreme Court

  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

August 19, 2014 by Kevin Mahoney

search and seizure in massachusetts

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.

February 23, 2013 by Kevin Mahoney

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

December 15, 2012 by Kevin Mahoney

Boston Criminal Defense Lawyer

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

December 13, 2012 by Kevin Mahoney

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?

December 4, 2012 by Kevin Mahoney

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?

November 28, 2012 by Kevin Mahoney

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

July 16, 2012 by Kevin Mahoney

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

June 13, 2012 by Kevin Mahoney

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

May 18, 2012 by Kevin Mahoney

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...]

Testimonials

  • NS, a DUI client,about 1 month ago

    Attorney Mahoney,

    I just wanted to say thank you for such a wonderful and excellent job you did for me. You were quite impressive up there and you really did your homework catching her in a few lies from previous testimony. You are the best! Even though I never want to be in this situation again, if I know anyone I will give them your name.

    Thank Amy for me too! She is a great asset to have in your office! Very pleasant and understanding.

    Again thank you and go Celtics!
     

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  • about 1 month ago

    Kevin Mahoney recently represented me in a case for destruction of property and disorderly conduct. He was extremely thorough and persistent, and despite a great deal of evidence against me, he managed to get the felony charge dropped without having to go to trial.

    I had never been in legal trouble before and had no idea how to proceed, and without his counsel, I am sure that I would have gotten convicted.

    He listened to my specific needs and always acted in my best interest. His knowledge, attention to detail, and general courtroom presence continued to amaze me throughout the entire process.
     

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  • M.K.about 1 month ago

    Dear Attorney Mahoney:

    I wish to express my sincere appreciation for your efforts on my behalf. Your defense was truly outstanding. The court room skills that you demonstrated and legal knowledge were truly incomparable. I’m wishing you the very best in your future endeavors.

    In addition, I ‘m looking forward to viewing the Jello Trial on Court T.V. Let me thank you once again.

     

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  • about 1 month ago

    Attorney Mahoney,

    Is very knowledgeable and very professional. He has just represented me in a case lasting a year and a half, and he made sure I got a fair trial with a fair jury. He kept me well informed about what would be happening in the court room and always had a well thought out defense for any route of attack the D.A. would be planning on.

    My trial took 2 and a half days and after the jury deliberated for approximately 23 minutes they came back with a “Not guilty” verdict. I would recommend Attorney Mahoney to anyone I know, but I sure hope I dont need him again. : ) .
     

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The Title IX Sexual Harassment Handbook

"Attorney Mahoney is currently authoring an authoritative and strategy driven compendium on investigating and defending Title IX sexual assault cases for lawyers, students, and universities. The book will be available through James Publishing within months."

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