4th Amendment, Criminal Procedure, Due Process, Editor Blog, Fourteenth Amendment, Fourth Amendment, Mass. Crim. Dig., Surveillance

Mass. Crim. Dig.: Commonwealth v. Guzman

Contributing Editor: Wendy Hansen

Commonwealth v. Guzman, 469 Mass. 492 (2014)

I. Issues

There are three main issues in this case:
  1. Whether the imposition of the Global Positioning System (“GPS”) is mandatory under chapter 265, section 47 of the Massachusetts General Laws;
  2. Whether the statutory mandate violates substantive and procedural due process under the Fourteenth Amendment of the U.S. Constitution and Articles 1, 10, 11, and 12 of the Massachusetts Declaration of Rights; and
  3. Whether the statutory mandate constitutes unreasonable search and seizure under the Fourth Amendment of the U.S. Constitution and Article Fourteen under the Massachusetts Declaration of Rights.

5th Amendment, Criminal Procedure, Editor Blog, Mass. Crim. Dig.

Mass. Crim. Dig.: Commonwealth v. Howard

Contributing Editor: Kristy Wilson

Commonwealth v. Howard, 469 Mass. 721 (2014)

I. Facts

On January 28, 2009, Maurice Ricketts was shot in the head while working at Bay State Pool Supplies in Cambridge. The defendant, Clyde Howard, was a handyman at Bay State. After taking out the trash, the defendant entered the warehouse and spoke with the victim. There was yelling, and the defendant “pulled out a gun, and pointed it at the victim,” and then chased him through the warehouse. The defendant fired his gun once, missed the victim, and then continued to follow him out of the warehouse. The operations manager alerted the branch and assistant managers and called 911. The managers ran toward the warehouse and heard two shots fired. They saw the defendant “facing the back of the dumpster with his arm outstretched and pointed slightly downward, and then heard two additional shots.” They then “saw the defendant walk toward the back door, stop, return to the dumpster area, and fire an additional shot.” After the final shot, the defendant “ran to a white van, and drove away.” The victim was found behind the dumpster with a faint pulse and later died at the emergency room.

4th Amendment, Article Preview, Criminal Procedure, Editor Blog, Fourth Amendment

Article Preview: Letting the Exception Swallow the Rule

Contributing Editor: Matthew Ezepek
The Fourth Amendment of the United States Constitution and Article Fourteen of the Massachusetts Declaration of Rights protect criminal defendants from unreasonable searches and seizures. To protect these rights, police officers are generally required to obtain an arrest warrant before a suspect can be arrested or a search warrant before a suspect or his property can be searched. One of the most highly protected areas under the Fourth Amendment is an individual’s home, and courts are extra cautious to ensure an individual’s rights are not infringed upon in his or her home. Two seminal Supreme Court decisions discuss the warrant requirements to arrest suspects in private dwellings. In New York v. Payton, the Supreme Court ruled that police can lawfully enter a suspect’s home with a valid arrest warrant and a reasonable belief that the suspect is inside. A later case, Steagald v. United States, held that the rule in Payton did not extend to the homes of third parties and held a search warrant, in addition to the arrest warrant, is necessary to enter a third party’s home. What did not appear to be answered was who has standing to challenge such a violation.

Article Preview, criminal law, Criminal Procedure, Editor Blog, Sixth Amendment

Article Preview: A Reliable and Clear-Cut Determination

Contributing Editor: Rebecca Mushlin
The Sixth Amendment provides a criminal defendant the right to confront adverse witnesses, but this right is not absolute. In Giles v. California, the U.S. Supreme Court held a defendant will lose his or her Sixth Amendment right, under the forfeiture by wrongdoing doctrine, if the prosecution proves the defendant intended and caused a witness not to testify. Yet, the Court has not established a procedure that the trial court should use when making a forfeiture determination. The Court’s 2004 holding in Crawford v. Washington significantly diminished numerous exceptions to the Confrontation Clause, overturned most of the alternative tests, and made it more difficult for the prosecution to admit an out-of-court statement by an unavailable witness who the defense did not have an opportunity to cross-examine. Pre-Crawford, the forfeiture by wrongdoing doctrine was less prevalent because other tests allowed the prosecution to circumvent the Confrontation Clause.