Criminal Law

April 22, 2009

Supreme Court Limits When Police Officers Can Search A Suspect’s Car Without A Warrant

The Supreme Court has issued a ruling that places limits on when police officers can search a suspect’s motor vehicle right after making an arrest if they don’t have a warrant. With their 5-4 decision, the justices determined that police must have a warrant to search the auto if the person is locked up in the cruiser and is not a threat to the officers. Warrantless searches, however, can still take place if the passenger compartment of the car was within reach of the suspect or there is reason to believe that there is evidence in the car pertaining to the crime that resulted in the arrest.

The decision supports an Arizona high court’s ruling in favor of a man whose car was searched while he was handcuffed and seated in the back of a police car. During the search, police discovered drugs in his vehicle.

Rodney Joseph Gant had been arrested for driving on a suspended license. While the trial court said the drug evidence could be used against him, the Arizona appeals courts overturned the convictions because the officers had already secured the scene and their lives weren’t in danger when they searched his car without a warrant-even though there was no need to worry that the evidence wouldn’t be preserved.

In the majority opinion, Justice John Paul Stevens said that there have been way too many cases involving people who have done nothing more than commit a traffic violation who have had their constitutional rights violated because of the way warrantless searches were conducted.

Justice Samuel Alito in his dissent, however, said the ruling turns over a police practice that allows the warrentless searches of cars right after an arrest, which can be important when it is not clear whether the person under arrest was able to get out evidence or a weapon from the vehicle. He says the new ruling also makes it hard for police to figure out when a motor vehicle is concealing criminal evidence.

Police instructors and prosecutors have expressed disappointment with the Supreme Court’s decision. Civil liberties groups, however, have maintained that police regularly invade people’s privacy when they conduct warrantless searches even though suspects hadn’t been able to access their motor vehicles.

Supreme Court limits warrantless vehicle searches, Boston.com/AP, April 21, 2009
Arizona v. Gant, Oyez.org

April 16, 2009

Family Plan Assault Bring Attempted Murder Charges Outside Boston

by Altman & Altman

This past Monday’s posting of the Boston Criminal Lawyer Blog was about a gentleman who elected the “self-help” approach to criminal justice.

It did not end too well for him.

Today’s posting demonstrates that taking said approach as a family does not work out any better than when acting solo. One could also argue that it is why this daily blog should be required reading…but that’s another issue.

This time, the place was Rockland. Michelle C., 41, of Rockland (hereinafter, “Mommy Defendant”) and her son, Jason R., 24, of Abington (hereinafter, “Sonny Defendant”) were arrested on Easter Sunday for allegedly assaulting an 18-year-old Scituate man, stabbing him twice, during a dispute.

The dispute was about clothing.

According to Rockland Lt. Barry Ashton, Sonny Defendant and the alleged victim were formally friends. They had planned to meet to exchange some clothing. You see, the complainant had a Miami Heat basketball jersey in his possession that belonged to Sonny Defendant and Sonny Defendant had a hat that belonged to the complainant.

The defendants parked a white van several houses away from the home of the complainant’s sister. The complainant and an acquaintance walked over to the van but, according to Ashton, an argument started between the complainant and Sonny
Defendant, who left the van.

Apparently, a fight ensued and, according to police reports, Mommy Defendant left the van to help her son in the fight the complainant.

The complainant was stabbed twice during the fight, Ashton said, once in the elbow and once in the back Continue reading

April 6, 2009

Criminal Defense Attorney Wins Search Issue In Drugs And Guns Case

by Altman & Altman

The city of Lynn’s top cop, Police Chief John Suslak, is unhappy. His ire has been raised by a ruling by the Supreme Judicial Court in Boston. On Friday, he joined law enforcement officials across the state in saying that the decision barring police from frisking suspected drug dealers for weapons in most cases endangers officers. To said officials, those pesky defense attorneys have done it again. More loopholes for criminal defendants to slip through.

To said attorneys, however, as well as the Court, those “loopholes” are Constitutional safeguards.

Last week, the SJC, the Commonwealth’s highest court, ordered police to stop pat-frisking suspected drug dealers for weapons unless they have specific information the person is armed or has a history of violence. One member of the Court disagreed with the majority, claiming that the ruling puts police officers in jeopardy. Various members of law enforcement agree with that dissenting opinion and Chief Suslak.

“Police work by its nature is dangerous, and drug work is even more so,” said Lawrence Police Chief John Romero. “We will comply with the ruling . . . but it’s going to put officers at risk.” Suffolk District Attorney Daniel F. Conley, however, is not so compliant. He has said that he wants Boston police officers to protect themselves and that he is prepared to lose some cases if a judge rules drugs were found after an illegal pat frisk.
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April 2, 2009

Guns, Drugs and Assaults Result In Home Imprisonment North Of Boston

by Altman & Altman

Eric S., 46, of North Andover, (hereinafter, the “Defendant”) is home again…for now. In fact, he is actually confined to his home and ordered to wear a bracelet monitoring system. Through the apparently successful arguments of his attorney, he is not being held in jail without bail.

But it was a close call.

The Defendant’s latest round of legal trouble resulted from a the execution of a search warrant which was served at his home on March 23rd. Police say that they found a .38-caliber revolver, 12 grams of cocaine, $70,000 cash, and pills believed to be oxycodone and Ecstasy. He was charged with possession of a firearm without a license, possession of cocaine with intent to distribute, and possession of cocaine.

That was not the start of his problems, however. The previous evening, he had been arrested as well. That time is was on another kind of warrant – arrest warrants. The warrants had been issued in Tyngsborough where police say that he was involved in an incident early Sunday morning, March 22, at Angela’s Coal Fired Pizza, a restaurant owned by his wife.

During the Sunday morning incident, the Defendant allegedly beat a manager of the restaurant with a baseball bat, stuck a gun in his mouth and accused him of stealing $20,000 cash. The manager suffered a cut lip requiring stitches and bruises on his body from repeated strikes with the bat, police said.

For that incident, the Defendant was charged with kidnapping, assault and battery with a dangerous weapon, and threatening to commit murder.
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March 31, 2009

Boston Road Drunk Driver Asked, “Do You Want A Lawyer With That Burger?”

by Altman & Altman

Raymond A., 51, of Hampden, (hereinafter, the “Defendant”) was hungry. He just wanted a burger. But he was watched by an ambulance driver. Now, he needs an attorney.

Springfield District Court was the venue for the Defendant’s little adventure to end. According to law enforcement, he had been driving under the influence of alcohol.

The adventure began at approximately 2:00 a.m. as an AMR ambulance driver observed the Defendant’s pickup truck driving erratically in AMR’s parking lot, according to Sgt. John M. Delaney, executive aide to Police Commissioner William J. Fitchet.

Perhaps thinking that his services might be needed at any moment, the ambulance driver followed the truck.

She did this while keeping the police informed of the truck’s route of travel while keeping it in sight.

Finally, she followed the truck into a McDonalds on Boston Road, where the Defendant, the driver of the truck, attempted to order food from a drive-up window.

There was a problem with the service…there wasn’t any. The place was closed.
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March 30, 2009

Boston-Area White Collar Suspect Found Guilty Of Embezzlement

by Altman & Altman

Late 2008 and 2009 (so far) may go down in history as one of the worst times nonprofit organizations have had in terms of thievery. The daily Boston Criminal Law Blog has spent a great deal of time discussing the Bernie Madoff nightmare as well as other white collar fiasco’s which have targeted individuals as well as charities.

Here’s another one for your collection.

Last Tuesday, Andrew M., 33, of Weymouth (hereinafter, the “Defendant”) was sentenced to two years in prison by federal court judge George A. O’Toole. He has been convicted on Massachusetts white collar crimes of stealing $130,202 from a non-profit Boston community health center over a two-year period. Specifically, he pleaded guilty to embezzling the money from Dimock Community Health Center Boston in October, 2008.

After he has served his time in custody, the Defendant will begin a three years of supervised probation.

As you may recall from earlier postings, the crime of embezzlement involves the intentionally mishandling of funds entrusted to you for your own personal gain. In the Defendant’s case, his duties had required him to maintain various financial accounts that included checking, savings, money market and payroll for Dimock. He was also responsible for conducting daily cash transactions for business purposes, maintaining financial reports and cash deposit slips.

Not a bad job for a guy who already had an extensive criminal record.
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March 24, 2009

Domestic Violence Defendant Gets New Charges And Needs Miracle Lawyer

by Altman & Altman

As any regular reader knows, the daily Boston Criminal Lawyer Blog regularly announces membership news of the “Hey, I Bet I Can Make This Situation Worse” Club. Today, to the north of Beantown, we have a new member…who should be national chairman.

When he gets out of custody, that is.

Tyler L., 20, (hereinafter, the “Defendant”) had a bad couple of days recently. First, he decided against showing up for a court date for a recent Massachusetts Assault and Battery matter (alleged victim: his mother…making it a domestic violence situation). The next day, he led the police on a 10-mile chase.

He did not do so well in either matter. The police caught him. So did the warrant for not showing up in court.

Now, Judge Mori at Salem District Court has revoked the Defendant’s bail in that pending case and set additional bail of $5,000 on the new charges stemming from Friday’s police pursuit.

The Defendant was driving a red Honda coupe with an equipment violation at about 2 p.m. on March 20 when it caught the attention of Officer Darlene Prinz. The Defendant then allegedly did what any straight-thinking nominee to the HIBICMTSW Club with a warrant out and having a police car behind them.

He blew a stop sign.
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March 20, 2009

Massachusetts Drug Traffic Continues

by Altman & Altman

It was not an uncommon news story on Wednesday in Springfield. A Multi-defendant drug bust of heretofore unknown budding defendants. You know the drill…”high-crime area”, “ongoing investigation”, attorneys’ arguing bail and mouthing “not guilty” for their clients to recite when asked by the court.

Sergeant John Delaney of the Springfield Police Department proudly announced the arrests of John C., 27; Karla T., 24; and Robert W,, 37. (hereinafter, collectively the “Three Defendants”) as part of the bust.

The arrests followed an ongoing investigation. After conducting an hour of surveillance, watching drug sales of crack and marijuana, the police arrested two alleged sellers and one alleged buyer. on Carter and Tapia at Union and Orleans Streets, detectives observed the duo routinely making sales of crack and marijuana. After police observed Walter receive a sale, police followed him out of the vicinity and arrested him.
The arrests of the alleged drug dealers went down without incident. The alleged buyer, however, fought back and tried to swallow the evidence.

He lost the battle.
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March 19, 2009

Boston-Area Burglary Spree Comes To An End

by Altman & Altman

In case all the reports of white collar crimes and pop icons assaulting each other, do not get the idea that plain everyday crimes like Massachusetts Breaking and Entering, aka the felony of Burglary, do not happen anymore. In fact, Steven M., 47, of Boston (hereinafter, the “Defendant”) is facing the music for a string of break-ins right now.

The Defendant is believed to be responsible for a string of home break-ins throughout the winter. Learning that the Brookline Police Department had issued a warrant for his arrest, he turned himself in last week.

The turning point in the investigation? DNA evidence.

Police got the DNA in December after a detective investigating the recent rash of break-ins saw someone walking down Winchester Street disappear down an alleyway to go behind a Fuller Street apartment complex, the scene of recent break-ins. The officer then observed the Defendant allegedly trying to stuff a flat screen TV into a duffel bag. He ordered the Defendant out of the area and he reportedly fled.

But he left the duffel bag behind.
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March 16, 2009

Embezzlement In Stoneham Results In Guilty Plea

by Altman & Altman

Massachusetts white collar crimes are often investigated without the target of that investigation having any idea that they have come under scrutiny. There are a number of business-related crimes that are prosecuted all the time. Often, it is that Attorney General’s Office, rather than the District Attorney’s Office that performs these investigations and resulting prosecutions. Last Wednesday, one such prosecution came to an end. It involved an alleged embezzlement in Boston’s neighbor, Stoneham.

The matter was not simply prosecuted in the local district court, however. The AG’s Office indicted Patrice M., 51, of Somerville (hereinafter, the “Defendant”) and pursued the matter in Middlesex Superior Court.

The Defendant pleaded guilty to various crimes including False Entries in Corporate Books, Forgery, and Larceny over $250 by Continuous Scheme. The allegations of theft were brought by the Defendant’s former employer, for whom she had worked as the company’s senior accountant.

The Attorney General’s Office began its investigation after the matter was referred by the Defendant’s former employer. Investigators determined that while working as the senior accountant for the Stoneham-based non-profit organization, the Defendant stole $126,000 between June, 2001, through October, 2004. This was apparently done by stealing company checks and making them payable to herself, either by forging the signatures of authorized company officers or using a signature stamp, and then depositing the checks into her personal bank account. She then made false entries on the company’s financial records to conceal the theft.
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