Supreme Court Restricts Police

The Supreme Court handed down an important Fourth Amendment decision yesterday in Rodriguez v. United States, prohibiting police from extending the duration of a traffic stop without reasonable suspicion, even for a very small amount of time, for reasons unrelated to vehicle and driver safety. It’s reassuring that the “Roberts” Court, known for its conservative leanings, is not afraid to...Read More

The Breath Test Dilemma

One aspect of Massachusetts criminal law that can sometimes affect the lives of decent, otherwise law-abiding citizens pertains to “operating under the influence of intoxicating liquor” (OUI).  A question criminal defense attorneys are asked all the time is: “If I ever get busted for OUI (‘drunk driving’) should I take a breath test?” First of all, in Massachusetts police officers have...Read More

Emergency Aid Exception

On April 11, 2014 Massachusetts’ Supreme Judicial Court ruled that the “emergency aid exception” to the constitutional warrant requirement extended to police action undertaken to render emergency assistance to animals.  This was a “case of first impression”, and the ruling is sure to please animal rights activists.  For a brief summary of the facts and discussion of the ruling, go to:...Read More