Criminal Law

Wednesday
15
Jan
2014

Stalking in violation of a restraining order may be based on numerous telephone calls to victim from abroad

Stalking conviction upheld by Massachusetts Supreme Judicial Court today. A defendant convicted of stalking his wife in violation of a G.L. c209A Restraining Order appealed his conviction, arguing that the judge’s instruction to the jury misconstrued the legal definition of “stalking,” and that under the correct definition, there was insufficient evidence of guilt beyond a […]

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Wednesday
15
Jan
2014

When can police enter a residence to execute an arrest warrant?

On January 14, 2014, the Massachusetts Supreme Judicial Court decided a case involving the question of whether officers had satisfied the “reasonable belief” requirement of the Fourth Amendment to the U.S. Constitution and Article 14 of the Massachusetts Declaration of Rights sufficient to permit the entry into evidence of stolen property found at the defendant’s […]

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