Suppression Matters Under Massachusetts Law
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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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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