Here’s an interesting point: Most people would be able to tell you that if you are questioned by police in a police station or in an environment where your ability to leave is otherwise restricted, police must read you your Miranda Rights. This type of questioning is referred to legally…
Articles Posted in Evidence Issues
SJC Prompts Legislature to Change Wiretap Law To Fight Street Gangs
Courts – especially appellate courts – usually exist to apply the law, not advocate for specific changes in the law. Advocacy of that nature is typically the responsibility and territory of legislators, lobbyists and activists. So it was with not a small amount of notice in the legal community in…
Massachusetts High Court Rules Against D.A.’s Use of Inmates’ Recorded Conversations – Part 2 of 2
In my previous post, I discussed a recent Massachusetts Supreme Judicial Court (SJC) ruling, concerning the admissibility of jail inmates’ recorded phone conversations. More accurately put, the decision concerns not so much the admissibility of these recordings in and of themselves, but in how the recordings must be obtained by…
Massachusetts High Court Rules Against D.A.’s Use of Inmate’s Recorded Phone Calls – Part 1 of 2
In the constant tug-of-war between Massachusetts prosecutors’ offices and criminal defense attorneys over admissible evidence, the Massachusetts Supreme Judicial Court (SJC) yesterday issued a ruling against prosecutors, and in favor of defendants who are incarcerated and awaiting trial. The case concerns a shocking event that occurred in January 2007, at…