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Court grapples with evidence destruction and police protocol

December 06, 2024 | Judicial - Supreme Court, Judicial, Massachusetts


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Court grapples with evidence destruction and police protocol
The Supreme Judicial Court of Massachusetts convened on December 6, 2024, to discuss the case of Commonwealth v. Michael P. McCarthy, focusing on the legality of evidence obtained from a seized phone. Central to the discussion was the argument regarding probable cause and exigent circumstances that justified the seizure.

During the proceedings, it was noted that the defendant was actively destroying evidence on his phone in the presence of a detective. This situation raised questions about the validity of the seizure and the subsequent search of the device. One attorney argued that the circumstances provided sufficient grounds for the seizure, suggesting that the officer acted correctly under the law.

However, the court faced challenges regarding the absence of testimony from the New Hampshire police officer involved in the case. The judge highlighted two significant issues: the lack of testimony and a prior finding that indicated the New Hampshire officer would not have made an arrest. These points complicated the argument for inevitable discovery, which would allow the evidence to be admitted despite potential procedural missteps.

The discussion also touched on the potential application of a good faith exception, similar to that used in New Hampshire, which could have strengthened the Commonwealth's position. However, the absence of supporting testimony and the judge's findings posed significant hurdles.

In conclusion, the court's deliberations underscored the complexities of evidence seizure in criminal cases, particularly when exigent circumstances are involved. The outcome of this case could have implications for future legal standards regarding the handling of evidence in similar situations.

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Scribe from Workplace AI
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