In Commonwealth v. Bonilla, the Court of Appeals held that the evidence was sufficient to support the defendant’s conviction of larceny over $250 by a single scheme, but that the evidence was insufficient to support his conviction of uttering a false instrument. “The defendant deposited six $5,000 checks, one into each of six newly opened … Read more

In Commonwealth v. Oliveira, the SJC upheld the lower court’s allowance of the motions to suppress the fruits of the inventory search of the vehicle in which they had been travelling, because the police acted unreasonably in impounding the vehicle. The basic facts were as follows: Police officers were dispatched to a department store where … Read more

In Commonwealth v. Keene,  the Court of Appeals affirmed an order allowing a defendant’s motion to suppress firearms seized from his car.  The police who stopped the car were acting on the basis of a different police department’s dispatch that was not based on reasonable suspicion. . The defendant and a companion “ran out of … Read more

In Commonwealth v. Sanchez, the Court of Appeals ruled that the motion judge was correct in concluding that the search warrant authorizing a search of the defendant’s apartment “extended to a free-standing shed in the backyard outside the three-unit apartment building” containing the defendant’s residence. In the course of executing the “warrant authorizing a search … Read more

In Commonwealth v. Holley the SJC arrirmed the defendant’s conviction of first-degree murder, and declined to order the suppression of inculpatory statements made by the defendant to the police shortly after the incident in question during which the victim sustained fatal burns. “That the defendant was in some way responsible for the flames which engulfed … Read more

In Commonwealth v. Fisher, the Court of Appeals ruled that the police had not exceeded the proper scope of their community caretaking function, and reversed the order suppressing drugs seized from the defendant.  The facts are that police responded to a report that a person in a parked car (the defendant) appeared to be in … Read more

In Commonwealth v. Ubilez, a Massachusetts Court of Appeals affirmed the defendant’s convictions of receiving stolen property with a value greater than $250 and a related offense.  It ruled that the judge properly denied the defendant’s motion to suppress evidence seized in the course of a warrantless search of a van driven by the defendant. … Read more

The police often use civilian confidential informants in its investagations.  Many, if not most, confidential informants, have a personal motive for cooperating with the police.   It is noly fair that someone charged with a crime should have the opportunity to investigate those motives to build a defense. In Commonwealth v. Forlizzi, the SJC affirmed … Read more

In Commonwealth v. Depiero (2016), the SJC ruled that the judge properly denied the defendant’s motion to suppress evidence obtained during the warrantless stop of his motor vehicle in response to an anonymous 911 call.   The anonymous 911 caller told the operator that “‘[y]ou got a drunk driver on Memorial Drive near Harvard Square … Read more

In Commonwealth v. Kaeppeler,  the SJC reversed the defendant’s convictions of rape, drugging for sexual intercourse, and a related offense because the judge erroneously ruled that the emergency aid exception to the warrant requirement justified the warrantless seizure of evidence from the defendant’s home by the police. The facts are as follows:  The defendant and several … Read more