Drug Enforcement Manual |
Common terms and phrases
affiant affidavit Aguilar Aguilar-Spinelli test apartment appeal application arrest cause to believe cert charges circumstances cocaine Commonwealth concluded conduct constitutional controlled substance conviction crime criminal defendant defendant's denied Detective dismiss dissenting District Court door drug exclusionary rule expectation of privacy fact February 17 Fourth Amendment hashish heroin indictments inference informant informant's intent to distribute investigation issuance issue John judge's jury knock and announce LaFave law enforcement Luna magistrate marihuana Mass Massachusetts Massachusetts Constitution ment Miranda warnings monwealth motion judge motion to suppress Murphy narcotics Nissenbaum Norwood Police Department O'Connor person police officer possession of cocaine premises present probable cause prosecutor purchase pursuant raid reasonable reliability religious rule Scott Harshbarger Search and Seizure search warrant Shannon statement statute Superior Court supra surveillance testified testimony third floor tion told trafficking trial judge Trooper undercover United Upton vehicle veracity violation voir dire
Popular passages
Page 67 - And no subject shall be hurt, molested, or restrained, in his person, liberty, or estate, for worshipping GOD in the manner and season most agreeable to the dictates of his own conscience; or for his religious profession or sentiments; provided he doth not disturb the public peace, or obstruct others in their religious worship.
Page 202 - We reverse, and we hold that, where the defendant makes a substantial preliminary showing that a false statement knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant in the warrant affidavit...
Page 221 - I, RS, the officer by whom this warrant was executed, do swear that the above inventory contains a true and detailed account of all the property taken by me on the warrant.
Page 8 - Whoever violates any provision of this section shall be punished by a fine of not more than one hundred dollars or by imprisonment in a jail or house of correction for not more than two years, or both.
Page 199 - With respect to evidence and witnesses, the prosecutor has responsibilities different from those of a lawyer in private practice: the prosecutor should make timely disclosure to the defense of available evidence, known to him, that tends to negate the guilt of the accused, mitigate the degree of the offense, or reduce the punishment.
Page 111 - ... and some of the underlying circumstances from which the affiant concluded that the informant, whose identity was not disclosed, was "credible" or his information "reliable.
Page 8 - ... procures any other person or persons to place or leave, his wife in a house of prostitution, or connives at or consents to, or permits, the placing or leaving of his wife in a house of prostitution, or allows or permits her to remain therein, is guilty of a felony and punishable by imprisonment in the state prison for not less than three nor more than ten years; and in all prosecutions under this section a wife is a competent witness against her husband.
Page 9 - ... shall be punished by a fine of not less than one thousand nor more than ten thousand dollars or by imprisonment not exceeding six months or by both such fine and imprisonment.
Page 128 - ... would prejudge a conclusion which the jury should reach of its own volition. A presumption which would permit the jury to make an assumption which all the evidence considered together does not logically establish would give to a proven fact an artificial and fictional effect. In either case, this presumption would conflict with the overriding presumption of innocence with which the law endows the accused and which extends to every element of the crime.
Page 220 - ... exhibitor. The records shall include any offspring born of any animal while in his or her possession or under his or her control.