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Search Warrant for the Person of “John Doe.” Is it Lawful?

by jmiller | Jun 22, 2015 | Constitutional Rights, Drugs, Due Process Rights, Guns, Search & Seizure

The Police are conducting a drug investigation.  They believe “John Doe” is selling drugs from his residence.  In an affidavit in support of a search warrant for “John Doe’s” residence, they state they have conducted multiple controlled buys of drugs from “John Doe,”...

Woburn, MA Man Charged with Illegal Possession of Firearm

by jmiller | Jul 30, 2014 | Constitutional Rights, Guns, Search & Seizure

On July 3, 2014, Wicked Local Cambridge reported Cambridge Police arrested Abdul Omer for carrying an illegal firearm. According to the article, police stopped Omer on a belief the windows on his car were excessively tinted.  When the officer spoke to Omer, he...

Who’s Gun is this anyway?

by jmiller | May 18, 2014 | Constitutional Rights, Guns, Search & Seizure

Recently, Boston Police found a gun inside a barbeque grill.  BPD News reports the incident as follows: “While on patrol, the officers observed two males walking on Bower Street toward Walnut Avenue. The officers immediately recognized one of the individuals who is...

What is allowable under the Search Incident to Lawful Arrest Exception to the Warrant Requirement?

by jmiller | Apr 7, 2014 | Constitutional Rights, Drugs, Guns, Search & Seizure

When a person is arrested for some reason, a subsequent search may reveal unlawful evidence that strengthens the governments’ case or leads to new charges.  The question is “was the subsequent search that resulted in the seizure of the items lawful? Fundamentally, the...

As Boston Police Seize Illegal Guns, Are 4th Amendment Rights Taking A Beating?

by jmiller | Feb 22, 2014 | Constitutional Rights, Guns, Search & Seizure

  According to BPD News, between January 1, 2014 and February 16, 2014, the Boston Police have made 52 firearm related arrests.  The number of arrests are comparable to the 50 firearm related arrests made in 2013. News reports are occurring on a regular basis...

Appeals Court Upholds Judge’s Decision Suppressing Evidence Seized From a Civil Motor Vehicle Stop.

by jmiller | Feb 15, 2014 | Constitutional Rights, Drugs, Guns, Search & Seizure

Recently, the Massachusetts Appeals Court upheld a District Court Judge’s decision suppressing evidence from a civil motor vehicle stop.  In Commonwealth v. Michael Bernard, a State Trooper stopped the defendant’s car because the car had a tinted plastic cover over...
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  • DO I NEED A LAWYER FOR A CLERK’S HEARING IN MASSACHUSETTS?
  • What is a “Motion?”
  • Search Warrant for the Person of “John Doe.” Is it Lawful?
  • Big Win For Aaron Hernandez
  • Stop and Frisk in Boston. Does Race Play a Role?

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    The Law Office of Jeffrey Miller is a small law firm focused on treating each client as if you are the firm’s only client. I am an experienced trial attorney focused on criminal defense.

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