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Massachusetts Supreme Court: Commonwealth Failed to Show GPS Monitoring as Condition of Probation Is Constitutional

Loaded on Feb. 15, 2023 by Anthony Accurso published in Criminal Legal News March, 2023, page 39
Filed under: Electronic Monitoring, Parole Searches, Conditions of. Location: Massachusetts.

by Anthony W Accurso

The Supreme Judicial Court of Massachusetts overturned a Superior Court’s denial of a defendant’s motion challenging a condition of his probation which required GPS monitoring, ruling the Commonwealth failed to prove that the search occasioned by the monitoring was constitutionally justified.

Timothy M. …

 

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  1. They Called 911 for Help. Police and Prosecutors Used a New Junk Science to Decide They Were Liars., by Brett Murphy
  2. Indiana Supreme Court: Defendant Who Was Both Victim of Crime and Suspect in Unrelated Crime Entitled to Pirtle Warning Prior to Police Asking for Consent to Search Home, by Anthony Accurso
  3. Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, by Dale Chappell
  4. Seventh Circuit: State Court Decision Not Entitled to AEDPA Deference Due to Incorrect Legal Standard, Pro Se Habeas Petition Granted Based on Trial Counsel’s Failure to Present Expert Witness on Determinative Issue of Guilt Resulting in IAC, by Jacob Barrett
  5. Colorado Supreme Court: Police Lacked Reasonable Suspicion for Traffic Stop Based on Alleged Unsafe Lane Change, by Anthony Accurso
  6. California Court of Appeal: Right to Withdraw Plea 23 Years After Entered Because Counsel Failed to Properly Advise of Immigration Consequences and Defendant Mistakenly Believed Permanent Resident Status Barred Adverse Immigration Consequences, by David Reutter
  7. California Court of Appeal Affirms Grant of Suppression Motion Where Officer’s Pat Search of Defendant Based on High Crime Area, Baggy Clothes, Criminal Record, and Suspect in Separate Case, by Douglas Ankney
  8. New Jersey Supreme Court: Edwards Violation When Police Fail to Cease Interrogation After Suspect Makes Ambiguous Invocation of Right to Counsel and ‘Initiates’ Request for Further Communication with Police, by Jacob Barrett
  9. Missouri Supreme Court: Use of Out-of-Court Statement Admitted at Trial Exceeded Limited Purpose of Exception to Rule Against Hearsay Upon Which It Was Admitted, by Matthew Clarke
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  12. California Court of Appeal: ‘Actual Killer’ Under Felony-Murder Rule Means Person ‘Who Personally Killed the Victim”, by Harold Hempstead
  13. Attorney General Garland Orders Federal Prosecutors to End Sentencing Disparities Between Crack and Powder Cocaine, by Matthew Clarke
  14. Governor of Oregon Leaves Legacy of Reformation While Leaving Office, by Kevin Bliss
  15. Nevada Supreme Court: Trial Court Erred in Denying Motion to Substitute Counsel Where Ample Evidence Showed Counsel Was Unprepared and Motion Timely, by Harold Hempstead
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  19. Ninth Circuit: No Qualified Immunity for Detective Who Arrested Anti-Police-Slogan Sidewalk Chalkers, but Not Other Chalkers Whose Content Wasn’t Anti-Police, Even Though There Was Probable Cause to Arrest, by Matthew Clarke
  20. Massachusetts Supreme Court: Commonwealth Failed to Show GPS Monitoring as Condition of Probation Is Constitutional, by Anthony Accurso
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  34. News in Brief

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