Massachusetts Supreme Judicial Court: Criminal Record Alone Does Not Justify Patfrisk, Gun Discovered in Waistband Suppressed by Jacob Barrett by Jacob Barrett The Supreme Judicial Court of Massachusetts upheld a Superior Court’s order granting a motion to suppress a firearm that was discovered during an unlawful patfrisk because the motorist’s …

Georgia Supreme Court Declares ‘Relevance’ Not Legal Standard for Suppression Determination Where Items Seized Outside Scope of Warrant, Clarifies Plain View Doctrine Proper Standard, and Overrules McBee, Walsh Line of Cases by Anthony Accurso by Anthony W. Accurso The Supreme Court of Georgia overruled the Court of Appeals’ line of …

NY Court of Appeals: Right to Review Suppression Decision When Decision Relates Solely to a Count Satisfied by Plea but Isn’t Count to Which Defendant Pled by Douglas Ankney by Douglas Ankney The Court of Appeals of New York held that N.Y. Crim. Proc. Law (“CPL”) 710.70(2) grants a defendant …

Second Circuit Holds Denial to Proceed Under Pseudonym by Magistrate Judge Is Immediately Appealable by Dale Chappell by Dale Chappell I n a question of first impression that implicated the Court’s jurisdiction, the U.S. Court of Appeals for the Second Circuit held on February 6, 2020, that a magistrate judge’s …