Lexis Nexis Suppression Matters Under Massachusetts Law
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Product description
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Avoid reaching erroneous conclusions with help from the premier source for analyzing, preparing, and judging motions to suppress evidence, statements, and identifications. Whether you're handling a District Court case charging operating under the influence or a Superior Court case charging murder, this indispensable guide will assist you in analyzing a fact pattern, recognizing problems, and understanding and advancing the relevant suppression issue.
Because state law is more defendant-friendly than federal law, prosecutors, defense attorneys, and law enforcement agencies need to master the peculiarities and understand the greater protections afforded by Articles 12 and 14 of the Massachusetts Declaration of Rights and common law. This clearly written and easy-to-use reference helps you grasp the subtleties of the state's unique constitutional and common law protections and suppression of evidence, statements, and identifications quickly and efficiently. The portable, single volume includes valuable practice aids such as a table of cases, glossary index, bibliography, diagrams, graphs, and more.
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Featured Authors
The Honorable Joseph A. Grasso, Jr.
Joseph A. Grasso, Jr. is currently Special Appellate Counsel to the District Attorney for Suffolk County in Boston, Massachusetts. Prior to his retirement in January, 2015, he served as an Associate Justice of the Massachusetts Appeals Court for fourteen years. He served as an Associate Justice of the Superior Court from 1993 to 2001. Previously he was First Justice of the Lowell Division of the District Court, an Assistant Attorney General, and in private practice. Judge Grasso graduated from Dartmouth College, A.B., summa cum laude and received his J.D. degree cum laude from Harvard Law School. Prior to his retirement in 2015, Justice Grasso was an adjunct faculty member at various law schools including Boston University, Suffolk University, Northeastern University, and Massachusetts School of Law, having taught both trial practice and the law of search and seizure.
Justice Grasso has lectured on search and seizure at the National Judicial College and at the National Center for Justice and the Rule of Law at the University of Mississippi Law School. He authored John Adams Made Me Do It: Judicial Federalism, Judicial Chauvinism and Article 14 of Massachusetts Declaration of Rights, Mississippi Law Journal, Fall 2007.
Table of contents
CHAPTER 1 THE ORIGINS AND PURPOSES OF THE EXCLUSIONARY RULE
CHAPTER 2 PREDICATES TO FILING A MOTION TO SUPPRESS: PHYSICAL EVIDENCE, STATEMENTS, AND IDENTIFICATIONS
CHAPTER 3 A MOTION TO SUPPRESS EVIDENCE: IS THE FOURTH AMENDMENT OR IS ARTICLE 14 IMPLICATED?
CHAPTER 4 FIELD ENCOUNTERS AND THE STOP
CHAPTER 5 FIELD ENCOUNTERS AND THE FRISK
CHAPTER 6 THE LAW OF ARREST
CHAPTER 7 THE MECHANICS OF ISSUING AND RETURNING A SEARCH WARRANT
CHAPTER 8 THE STANDARD FOR ISSUING A SEARCH WARRANT
CHAPTER 9 TYPES OF WARRANTS AND WARRANT FEATURES
CHAPTER 10 THE PROBABLE CAUSE DETERMINATION
CHAPTER 11 CONSENT SEARCHES
CHAPTER 12 SEARCHES INCIDENT TO A LAWFUL ARREST
CHAPTER 13 PLAIN VIEW SEIZURES
CHAPTER 14 THE EXCEPTION FOR PROBABLE CAUSE AND EXIGENT CIRCUMSTANCES AND THE MOTOR VEHICLE EXCEPTION
CHAPTER 15 INVENTORY SEARCHES/STORAGE SEARCHES
CHAPTER 16 ADMINISTRATIVE SEARCHES
CHAPTER 17 SPECIAL NEEDS SEARCHES
CHAPTER 18 MOTIONS TO SUPPRESS STATEMENTS
CHAPTER 19 MOTIONS TO SUPPRESS IDENTIFICATIONS
CHAPTER 20 THE SCOPE OF SUPPRESSION
Table of Cases
Index
