Articles

Search and Seizure Protective Frisk

Summer 2000 By Douglas I. Louison of Louison, Costello, Condon & Pfaff, LLP. In Commonwealth v. Barros, the Massachusetts Appeals Court has issued a disturbing decision reversing a defendant’s conviction for carrying a firearm and ammunition without a license. The court ruled that the police had insufficient basis to detain and search the defendant and therefore […]

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Pushes and Shoves Must be Judged Under the Fourth Amendment Standard of Reasonableness

Summer 2001 By Regina M. Ryan of Louison, Costello, Condon & Pfaff, LLP. The Supreme Court of the United States has recently ruled that a police officer may be awarded summary judgment for excessive force claims if the officer acted objectively and reasonably in using the force necessary to effectuate the arrest.Saucier v. Katz, 121

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Excessive Force And Terry Stop

2004 By Douglas I. Louison of Louison, Costello, Condon & Pfaff, LLP The Federal Appeals Court reversed a verdict wherein a jury found in favor of the plaintiff who asserted claims under 42 U.S.C. 1983 for an unlawful Terry search and excessive force. The plaintiff alleged that the defendant (a police officer) unlawfully stopped and searched him

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A District Court Judge Has Dismissed an OUI Arrest Because of The Misconduct of a State Trooper

2004 By Stephen C. Pfaff of Louison, Costello, Condon & Pfaff, LLP The defendant was arrested on July 4, 2003 at 1:30 a.m. by a Massachusetts State Trooper for operating a motor vehicle under the influence of liquor. The defendant was taken to the State Police barracks and provided with a copy of a form

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