Category Archives: Constitutional Law

SJC Decides Double Jeopardy Case

Recently the SJC ruled on whether a defendant charged with summary contempt procedings was barred from Being charged by the principles of “double jeapardy” in ADMILSON VIZCAINO vs. COMMONWEALTH 462 Mass. 266 (2012). The court in ruling that double jeopardy … Continue reading

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SJC: Sex Offender Still Entitled to Hearing Under G. L. c. 6, § 178L (1) Despite Not Attending it Themselves

Recently the SJC ruled in JOHN DOE, SEX OFFENDER REGISTRY BOARD NO. 941 vs. SEX OFFENDER REGISTRY BOARD 460 Mass. 336 (2011) that the Sex Offender Registry Board lacked the authority to declare that a sex offender had waived his right to … Continue reading

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G.L.c.6,§178K(2)(e) Found Unconstitutional as Applied to Sex Offender

Recently the SJC ruled in JOHN DOE vs. POLICE COMMISSIONER OF BOSTON 460 Mass. 342 (2011). In the case, the plaintiff, was a level three sex offender currently residing in a rest home. Pursuant to a statute enacted by the Legislature … Continue reading

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Northhampton $275 Parking Citation Appeal Fee Upheld

Recently the SJC upheld a $275 filing fee for appeals of parking violations in VINCENT GILLESPIE & another vs. CITY OF NORTHAMPTON 460 Mass. 148 (2011). In essence, the court goes on to say that the town could impose such an appeal … Continue reading

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1st Circuit Upholds Citizen Right to Record Police on Cellphone

Recently the 1st Circuit court of Appeals ruled that a citizen who “openly” recorded police using his cell phone had the right to do so and that his arrest was improper for violating the states wiretap statute in GLIK v. CUNNIFFE … Continue reading

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New Hampshire lawmakers override Governor’s veto, expand permissible use of deadly force

The New Hampshire House of Representatives voted recently to override Governor John Lynch’s veto of an expansion of laws allowing use of deadly force by citizens. The House voted 251-111 to override the veto and put Senate Bill 88 into … Continue reading

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1st Circuit Rules Traffic Stop and Search Were Proper

Recently, the 1st Circuit Court of Appeals upheld the reasonableness of a motor vehicle search incident to an arrest in UNITED STATES v. McGREGOR No. 09–2650 (2011). The court goes into New York v. Belton, 453 U.S. 454 (1981) for quite some … Continue reading

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