Gun/Firearms Crimes

Massachusetts High Court Rules Seizure of Gun Improper in Multi-Family Search Warrant Case

Published on: May 10, 2017 | by Lefteris K. Travayiakis, Esq.

In the execution of a search warrant by Boston Police of a multi-family home, the Massachusetts Supreme Judicial Court upheld a superior court ruling that the seizure of a shotgun was improper. Clarifying the protections of the 4th Amendment to the United States Constitution, the SJC affirmed intrusion into the “curtilage” of a common area of the multi-family property intruded into a constitutionally protected area and required suppression.

The seizure, therefore, violated the warrant requirement of the Fourth Amendment to the United States Constitution and Article 14 of the Massachusetts Declaration of Rights. Continue Reading ›

Cambridge Gun Conviction Reversed For Unlawful Stop by Police

Published on: January 12, 2017 | by Lefteris K. Travayiakis, Esq.

The Massachusetts Appeals Court recently reversed the conviction of a man who was found guilty after trial in the Cambridge District Court of gun/firearms charges, including unlawful possession of a firearm. The issue on appeal concerned the pre-trial motion to suppress challenge of the defendant, who argued that he was unlawfully seized and searched by police because they lacked reasonable suspicion to stop him.

The case arose in 2006 when a woman reported that her car was struck by a bullet as she was driving in Cambridge, Massachusetts. At 10:50 p.m., Cambridge Police Officers met with the woman near the location where the shots were believed to have been fired. She told police that, immediately after the shots, she saw a group of young black males run into the courtyard of a housing complex. Notably, she stopped short of saying that the group was involved with the shooting of her vehicle, and she was not able to provide any descriptive information about the males she saw running. Continue Reading ›

Conviction of Possession of a Loaded Firearm Can’t Stand Without Predicate Possession Conviction

Published on: December 2, 2016 | by Lefteris K. Travayiakis, Esq.

A criminal defendant appealed his conviction for possession of a loaded firearm without a license after trial where he was acquitted of the “predicate” offense of unlawful possession of a firearm. The Massachusetts Appeals Court held that a conviction on these verdicts could not stand because the crime of possession of a loaded firearm is a “sentencing enhancement”, which does not apply without a conviction for the predicate offense on the firearm possession.

In the case of Commonwealth v. Dancy, the defendant was with a group of people attending a festival in Boston’s Dorchester. Someone stopped a Boston Police Officer and told him that a man had a gun, and pointed to the small group of black males that the defendant was with. Police officers followed this group and noticed that the defendant was walking at a fast pace, suddenly slowed down near a vehicle and then hard a noise that be believed was a gun hitting the pavement. The police stopped the group, questioned them, and found a gun under a parked gun. The defendant was arrested and charged with possession of a firearm without a license; possession of ammunition; and possession of a loaded firearm. Continue Reading ›

Massachusetts Appeals Court Broadens Scope of Lawful Stop on Vague Description of Suspect

Published on: February 12, 2016 | by Lefteris K. Travayiakis, Esq.

In a recent decision, the Massachusetts Appeals Court appears to have broadened the scope of “reasonable suspicion to stop” a person in circumstances where he did not match the descriptions of the suspect as provided by eyewitnesses.

In the case of Commonweatlh v. Johnson, police responded to several 911 calls of shots fired by multiple shooter in a residential area. One 911 caller reported that the shooters were black and or Spanish, one of which ran towards a nearby park. Another 911 caller reported a shooter as a black male who wore a black jacket, a red bandana, and then ran from the scene (without stating even the general direction of flight). Continue Reading ›

Massachusetts Appeals Court Suppresses Evidence From Wrongful Arrest Based on Misinformation by Boston Police

Published on: December 20, 2014 | by Lefteris K. Travayiakis, Esq.

The Massachusetts Appeals Court recently suppressed evidence in a case that was seized as a result from an arrest by Boston Police based on mistaken information. In the case of Commonwealth v. Maingrette, the Appeals Court ruled that the arrest, based on a default warrant that was no longer active at the time of the defendant’s arrest, was unlawful and evidence seized as a result must be suppressed.

When “an arrest is wrongly made on the basis of mistaken information chargeable solely to the police, the burden is on the government to show that i twas not at fault in the circumstances” and that the mistake was reasonable.”

Massachusetts Police Make (Un)Lawful Gun Arrest in Stoughton?

Published on: March 27, 2013 | by Lefteris K. Travayiakis, Esq.

A Massachusetts State Police Trooper pulled over two Boston men in Stoughton late Sunday night, ultimately arrested the passenger on Massachusetts Gun Crimes Charges.

The passenger, Brian Marsh, 45 of Hyde Park, was arrested and arraigned in Stoughton District Court for unlawful possession of a firearm and unlawful possession of drugs.

According to the Massachusetts State Police, a trooper on his way home from a paid detail after 11:00 p.m. Sunday night observed a car with an invalid inspection sticker. Attempted to pull the car over for this violation, the trooper alleged that the vehicle accelerated to speeds of approximately 90 miles per hour.

Boston Man Charged with Massachusetts Gun Crimes Following Search of Dorchester Apartment

Published on: November 10, 2012 | by Lefteris K. Travayiakis, Esq.

Boston Police Officers executed a search warrant charged the Dorchester homeowner with several Massachusetts Gun Charges this past week.

The Dorchester man, Magnetic Tom, was charged with two counts of Unlawful Possession of a Firearm, Unlawful Possession of Ammunition, Improper Storage of a Firearm and being a Level II Armed Career Criminal.

According to the Boston Police Department, a search warrant was executed at the man’s Washington Street apartment in Dorchester this past Thursday and recovered two handguns and several rounds of ammunition.

Brockton Man Charged with Attempted Murder for Shooting in Boston

Published on: September 4, 2012 | by Lefteris K. Travayiakis, Esq.

A Brockton man was arraigned last week on several Massachusetts Crimes of Violence Charges for allegedly shooting at a crowd of people in Boston.

The man was formally arraigned in the Dorchester Division of the Boston Municipal Court with Armed Assault to Murder, Unlawful Possession of a Firearm, Unlawful Possession of Ammunition and Carrying a Loaded Firearm.

According to the Boston Police, the Brockton man exited his vehicle last Tuesday evening and started shooting at a group of people that were in front of a liquor store in the area of 620 Shawmut Avenue in Boston’s South End.

Massachusetts High School Student Brings Gun to School

Published on: February 19, 2012 | by Lefteris K. Travayiakis, Esq.

A freshman student at Falmouth High School allegedly brought a gun to school this past week and has been charged with Massachusetts Gun Crimes Charges.

According to Falmouth High School representatives, the student, who is reportedly 15 years old, was allegedly bragging to other students that he had a gun. Falmouth Police were called to the school and found that the student did, indeed, have a gun on him, but it was not loaded.

According to police, the student took the gun from a relative, who is reportedly licensed to carry firearms. His license to carry has reportedly been suspended pending a further investigation.

Boston Man Arrested on Weak Gun Charges

Published on: November 8, 2011 | by Lefteris K. Travayiakis, Esq.

A 26 year old Boston man was arrested this past weekend in Dorchester on Massachusetts Gun Crimes Charges for allegedly carrying a loaded AK-47 assault rifle and allegedly firing a shot into the ground.

Mohamed Ali Bile, of Dorchester, was arrested by Boston Police officers and charged with Unlawful Possession of a Firearm; Unlawful Possession of Ammunition; Carrying a Loaded Firearm; and Unlawful Possession of a Large Capacity Firearm.

According to the Suffolk County District Attorney’s Office, Boston Police Officers responded to an area in Dorchester for a report of “a black man wearing a black hooded sweatshirt” who had allegedly fired a shot into the ground. Police officers who responded allegedly encountered Bile, who allegedly ran away from the police and jumped fences through several backyards.