In a move that strengthens individuals’ right to privacy, the state’s highest court ruled that state law enforcement must have particularized evidence that a cellphone is tied to a criminal act in order to be able to seize the cellphone. While the court acknowledged that there is a common sense notion that cellphones are often used by criminals to communicate with other criminals about their criminal activities, or that cellphones could be used for other tasks, like taking pictures that could also be used as evidence in a criminal proceeding, the mere fact that there is only a commonsense notion of these uses of a cell phone is not sufficient override an individual privacy rights. This decision makes it harder for police to seize cellphones.


Harder for Police to Seize Cellphones

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Opioid Drug

In recent years there has been an immense effort to combat the availability of an opioid drug, such as fentanyl, in Massachusetts, which was brought about by an increased rate of opioid-induced death. Fentanyl, a Class B controlled substance under Mass. Gen. Laws Chapter 94C, Section 31, is used to cut other drugs, such as heroin or cocaine, and is extremely addictive. The use of fentanyl skyrocketed because it has the effect of enhancing the potency of other drugs that it is mixed with, but this is also what makes fentanyl so incredibly dangerous. Continue reading

In a rather interesting news report in the Cape Cod Times, a young man is accused of breaking into a home located in Martha’s Vineyard where he allegedly painted the resident’s dog with purple paint and stole some items from the home. The accused man stands charged with more than a half dozen crimes, including breaking and entering with the intent to commit a felony, cruelty to animals, and possession of several controlled substances.


Breaking and Entering

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Back in May of this year, it was suspected that a 62-year-old woman was kidnapped from her assisted living facility in Newton. The woman, identified as June Doe, a pseudonym, went missing in the middle of the afternoon after living at the facility for only two months. All that was found of Ms. Doe at the facility was her empty wheelchair. Ms. Doe disappeared shortly after being visited by a long-time friend, according to a news report by Police were concerned about the safety and well being of Ms. Doe since she had recently suffered a stroke, leaving her with diminished capacity, and because she was on important medication. Ms. Doe was found two days after being taken, when she was admitted to a Boston hospital. Continue reading


Traffic Stop Leads to Drug Charges

Police made a traffic stop on Interstate 84 in mid-August and found considerably more than they bargained for. According to a recent report by, the driver, Jeannie Ortiz, age 41, and passenger Domingo Ortiz, age 51, were found in possession of 85 grams of cocaine. The couple was charged with trafficking cocaine and conspiracy to violate state drug laws. Continue reading

In certain, limited circumstances, the harm caused by an individual’s criminal conduct could be  outweighed by the harm that would come with compliance with the law. In such circumstances, which are rare, the necessity defense might be available to the criminal defendant.


Necessity Defense

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Many people in Massachusetts fail to recognize that driving under the influence of drugs or drugged driving is just as bad as driving under the influence of alcohol, and both are illegal. Drugged driving is rapidly becoming a more frequent occurrence that driving under the influence of alcohol. According to a recent article by Fox25 News, there has been a 42% uptick in drugged driving over the past five years, compared to a 26% uptick in drunk driving cases over the same time period, based on data collected by the Massachusetts Department of Transportation.

Medication and driving is dangerous.

OUI Drugs in Massachusetts

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When Massachusetts law enforcement officers suspect that you are driving under the influence, they are permitted to request you to submit to chemical testing under M.G.L. Chapter 90, Section 24. The chemical testing could include a breathalyzer test, urine test, or a blood test. Blood sample tests are one of the most accurate forms of testing that can be conducted to determine a person’s blood alcohol concentration at a given time.

Blood Sample

Blood Sample Tests

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Home Invasion

Home Invasion

According to a recent article by, a 21-year-old ex-boyfriend smashed open his 17-year-old girlfriend’s bedroom window and climbed inside her Worcester apartment early one morning. The suspect was confronted by a witness, and fled from the apartment. He was later tracked down by law enforcement, was taken to the hospital, and was charged with assault and battery with a dangerous weapon and home invasion. Neither the name of the victim or the suspect was released, as this was considered a domestic violence incident. Continue reading

Involuntary Manslaughter

Involuntary Manslaughter

Returning to the saga of Michelle Carter (an early blog post about her alleged crimes can be found here), the teen who allegedly encouraged her boyfriend, Conrad Roy, who was eighteen at the time, to commit suicide, can stand trial for the death of her friend, according to the Massachusetts Supreme Judicial Court. recently reported that Carter will have to stand trial for involuntary manslaughter. Continue reading

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