Criminal Defense Blog

OCTOBER 18, 2013

Erin Cox, a North Andover teen, is currently facing punishment from her high school after driving a friend who was too drunk to drive home.

A few weeks ago, Erin answered a call from one of her friends who was at a party and too drunk to drive home. Erin went to the party after work to give her friend a ride home. However, only minutes after she arrived at the party the police came. Several underage kids were busted for possessing alcohol. Everyone who was at the party received a summons for ‘minor in possession’.

Erin is an honors student at North Andover High School and was cleared at the scene by the police. They agreed that she did not possess alcohol and was not drinking. However, her school decided that she was in violation of the district’s zero tolerance policy for alcohol and drug use. During her senior year, Erin faced a demotion from her position as volleyball caption as well as a five game suspension.

Now, the Cox family is taking their daughter’s case to court. They filed a lawsuit in District Court against the school district. The school district disputed an injunction of any type, and the judge in the case ruled the court did not have jurisdiction. North Andover superintendent Kevin Hutchinson would not discuss the case, but says that decisions like this are made to be consistent and fair with the Massachusetts Interscholastic Association rules.

Outside the legal system, parents of Erin’s volleyball teammates have created a petition to show their support. Erin’s parents stand behind their daughter’s position. Her mother, Eleanor Cox, is devastated because her daughter thought she was doing the right thing.

The laws in Massachusetts that involve minors and alcohol are very strict. For instance, any teenager who operates a motor vehicle with a blood alcohol content of .02 or more faces a license suspension lasting at least 30 days and as long as three years. It can also greatly impact the teenager’s ability to be admitted to a school or find employment.

On top of that, students often face punishments for violations of school district alcohol policies. The strict policies can be interpreted in some cases to punish innocent teens like Erin Cox.

Cox has said that she still stands behind her decision to go get her friend. She believes she prevented her friend from driving while drunk and potentially hurting herself or someone else.

FEBRUARY 17, 2014

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Last week, the Massachusetts Appeals Court issued an opinion in Commonwealth v. Garcia that reversed a jury’s guilty verdict on the grounds that the judge did not follow appropriate procedures in discharging a juror during deliberations.

The defendant was charged with armed robbery, and the case was tried in superior court. About approximately three hours of deliberating, the jury sent a note to the judge, stating that they had not been able to come to a unanimous decision. The judge did not believe that the jury had deliberated long enough to show a deadlock, and instructed the jury to resume deliberations the following day.

Posted by Parker Scheer LLP | Permalink | Email This Post

Posted In: Appeals Court , Criminal Allegations , Jury Selection , Robbery , Theft

FEBRUARY 10, 2014

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Today, the Massachusetts Appeals Court issued its decision in Commonwealth v. Bernard, affirming the decision of a Lawrence District Court judge to suppress evidence obtained from the defendant’s vehicle when a Massachusetts State Trooper pulled the defendant’s vehicle over after observing a plastic cover on the vehicle’s rear license plate. The decision resulted in the suppression of statements and evidence supporting firearm charges against the defendant.

In June 2009, the trooper observed the defendant operating a vehicle on Route 495 southbound. The trooper, who was traveling in the first lane, allegedly was unable to see the license plate of the defendant’s vehicle, which he observed from an angle as the defendant’s vehicle traveled in the third lane. The license plate was covered with a clear, but tinted, plastic cover. For this reason only, the trooper pulled up behind the defendant’s vehicle and activated his cruiser lights to pull the defendant over. The trooper observed no other traffic violations.

Posted by Parker Scheer LLP | Permalink | Email This Post

Posted In: Appeals Court , Criminal Activity , Criminal Allegations , Criminal Defense , False Charges , Guns

FEBRUARY 19, 2014

Yesterday, in a 5-2 decision, the Massachusetts Supreme Judicial Court (SJC) ruled that state law enforcement may not compel cellular telephone service providers to provide historical cell site location information for a particular cell phone without first obtaining a valid search warrant. In other words, under Article 14 of the Massachusetts Declaration of Rights, the government may not use a person’s cell phone records to track that person’s physical location unless they have first obtained a search warrant supported by probable cause.

Cell phone service providers use cell sites or cell towers placed throughout particular regions, which send and receive signals from a subscriber’s cell phone that is operated within the particular region. When a subscriber makes or receives a call, a record is created of the cell site used. This information enables a cell phone service provider to approximate the location of an operating cell phone within its network based on the cell phone’s communication with cell sites in the area. The greater number of cell sites in a region, the greater the accuracy of the cell phone’s location.

Continue reading “SJC Rules Warrant Required to Obtain Cell Phone Data” »

Posted by Parker Scheer LLP | Permalink | Email This Post

Posted In: Cell Phone Records , Probable Cause , Warrantless Search , Warrants