Click here to remove Verdict from subsequent Justia newsletter(s). | New on Verdict Legal Analysis and Commentary | |
Massachusetts Supreme Judicial Court Opinions | Commonwealth v. Mora | Docket: SJC-12890 Opinion Date: August 6, 2020 Judge: Barbara A. Lenk Areas of Law: Civil Rights, Constitutional Law, Criminal Law | The Supreme Judicial Court reversed the denial of the motions to suppress filed by Nelson Mora and Ricky Suarez, holding that the continuous, long-term pole camera surveillance targeted at the residences of Mora and Suarez was a search under article 14 of the Massachusetts Declaration of Rights. Using video footage collected by hidden video cameras on public telephone and electrical poles (pole cameras) the Commonwealth secured indictments against twelve defendants, including Mora and Suarez. Eight defendants moved to suppress the pole camera footage and evidence derived from that footage as the fruits of an unreasonable search. The superior court denied the motions, concluding that the pole camera surveillance did not constitute a search. The Supreme Judicial Court reversed as to Mora and Suarez and remanded the matter to the superior court for further proceedings, holding that the warrantless surveillance of Mora's and Suarez's residences for more than two months was a "search" under article 14. | |
|
About Justia Opinion Summaries | Justia Daily Opinion Summaries is a free service, with 68 different newsletters, covering every federal appellate court and the highest courts of all US states. | Justia also provides weekly practice area newsletters in 63 different practice areas. | All daily and weekly Justia newsletters are free. Subscribe or modify your newsletter subscription preferences at daily.justia.com. | You may freely redistribute this email in whole. | About Justia | Justia is an online platform that provides the community with open access to the law, legal information, and lawyers. |
|