Do you have to tell a cop if you are on probation
NoteSearch and seizure jurisprudence is always evolving. Please update your research by checking for the latest cases on your particular issue. Show
> ConstitutionsU.S. Constitution, 4th Amendment, Right against unreasonable searches and seizures Article 14 of the
Massachusetts Declaration of Rights > Massachusetts lawsSt. 2020, c.253 An act relative to justice, equity and accountability in law enforcement in the Commonwealth (Police Reform Law) July 1 Facial recognition law MGL c.6, § 220 Use of facial and other remote biometric recognition, effective July 1, 2021 MGL c.90, § 25Refusal to submit to a police officer MGL c.276 Search warrants, rewards, fugitives from justice, arrest, examination, commitment and bail, probation officers and Board of Probation > Massachusetts regulations555 CMR Police Officer Standards and Training Commission, including:
> United States Supreme Court casesLange v. California, 594 U.S. ___ (2021) Torres v. Madrid,
592 U.S. ___ (2021) Collins v. Virginia, 592 U.S. ___ (2018) Miranda v. Arizona, 384 US 436 (1966) Required warnings Vega v. Tekoh, 597 U.S. ___ (2022) > Massachusetts casesSelected case law: citizen's arrestCom. v. Claiborne, 423 Mass. 275 (1996) Com. v. Harris, 11 Mass. App. Ct. 165, rev. denied 383 Mass. 890 (1981). Com. v. Lussier, 333 Mass. 83 (1955) Citizen's arrest standard “A private person may lawfully arrest one who in fact has committed a felony.” Selected case law: police procedureCom. v. Barreto, 483 Mass. 716 (2019) Order to exit from vehicle Com. v. Buckley, 478 Mass. 861 (2018) Pretextual stops Com. v. Clarke, 461 Mass. 336 (2012). Invoking
Miranda rights by shaking head Com. v. German, 483 Mass. 553 (2019) Police must provide an instruction to witnesses before a showup identification Com. v. Gautreaux, 458 Mass. 741 (2011). Foreign national has right to consular
assistance Com. v. Goncalves-Mendez,
484 Mass. 80 (2020) Allow passenger to take custody of vehicle Com. v. Long, 485 Mass. 711 (2020) Pretextual traffic stops and racial profiling Com. v. Matta, 483 Mass. 357 (2019) Seizure of a person Com. v. Mora, 485 Mass. 360 (2020) Police long-term pole camera surveillance Com. v. Narcisse, 457 Mass. 1 (2010). Frisk during consensual encounter Com. v. Ortiz, 478 Mass. 820 (2018) Search under the hood Com. v. Pearson, 486 Mass. 809 (2021) Com. v. Torres-Pagan, 484 Mass. 34 (2020) Patfrisk of driver Com. v. Vasquez, 482 Mass. 850 (2019) Com.
v. Warren, 475 Mass. 530 (2016) Reasonable suspicion for investigatory stop – Running from police > Most wanted lists
> Web sourcesAddressing police misconduct laws enforced by the Department of Justice Executive Office of Public Safety and Security (EOPSS) Frequently asked questions: Brady List, Office of the Worcester County District Attorney. Know your rights: When do I have to give my name or address to law enforcement in Massachusetts?, ACLU, 2021. Massachusetts criminal practice, 4th ed., by Blumenson, Eric D. > Print sourcesChange and reform in law enforcement: old and new efforts from across the globe, CRC Press, 2017. Community policing: a contemporary perspective, 8th ed. Routledge, 2020. Community policing today: issues, controversies, and innovations, SAGE, 2021. Criminal defense motions, 5th ed. (Mass Practice v.42) Thomson Reuters, 2019 with supplement. The criminal law handbook : know your rights, survive the system by Paul Bergman, Nolo, 2020. Mackenzie L. Brockmyre, "Getting it right: law enforcement's use of ancestry websites to catch criminals," 21 J. HIGH TECH. L. 165 (2021). Available through the law libraries' document delivery service. Police community relations: a conflict management approach, West Academic, 2019. Police misconduct: law and litigation, West, annual editions. Rules and regulations, Massachusetts Department of State Police, updated regularly. Suppression matters under Massachusetts law, LexisNexis, annual editions. II. Recording police> Massachusetts lawsMGL c.272, § 99 Interception of wire and oral communications Ruled unconstitutional as applied to recording police in most circumstances. See Project Veritas Action Fund v. Rollins below. > Selected case lawA brief history of cases regarding the right to record police in Massachusetts. 1. Glik v. Cunniffe, 655 F.3d 78 (2011) 2. Gericke v. Begin, 753 F.3d 1 (2014) an individual's exercise of her First Amendment right to film police activity carried out in public, including a traffic stop, necessarily remains unfettered unless and until a reasonable restriction is imposed or in place. 3. Project Veritas Action Fund v. Rollins, 982 F.3d. 813 (1st Cir., 2020) Section 99 violates the First Amendment in criminalizing the secret, nonconsensual audio recording of police officers discharging their official duties in public spaces. > Web sourcesACLU of Massachusetts statement on Martin v. Rollins, ACLU, 2020. A federal appeals court upheld the right to secretly record police officers working in public in Mass, Boston.com, 2021.
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