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Commonwealth v. Daveiga: The Next Review of Pretextual Traffic Stops

“Where the police have observed a traffic violation, they are warranted in stopping a vehicle.” The Supreme Judicial Court made this statement more than thirty years ago, summarizing what came to be known as a basic premise of operating a motor vehicle in the United States.  Fifteen years later, the court clarified that whether the traffic violation…

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ZDB is Hiring!

Boston Criminal Defense & Civil Litigation Firm Paralegal/Legal Assistant Position We are a fifteen-lawyer firm located in the North End/Waterfront of Boston, with an interesting, varied, fast-paced practice in criminal defense and civil litigation (including employment, students’ rights, and other academic cases). We seek a motivated Paralegal/Legal Assistant with a strong educational…

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Lin v. GGIT Systems: Chapter 151B May Require Accommodations for High-Risk Employees During the COVID-19 Pandemic

By Mackenzie Bouverat, Law Student Intern As states begin to lift restrictions designed to prevent the spread of the coronavirus, some employers have begun to require that their employees return to some form of in-person work, whether full-time or hybrid. Yet even for the fully vaccinated, the risk of infection…

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The Fine Line Between “Plain View” and Privacy Invasion: Commonwealth v. Yusuf

The use of body-worn cameras by the Boston Police Department has sparked controversy since its pilot program in 2016 and its official implementation in 2019. While the City and the Police Department have marked this move as an effort to be more transparent with the community, citizens claim that such a goal of transparency cannot be achieved within a broken system.…

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Advice for Parents of Incoming College Students: What You and Your Child Need to Know About Sexual Assault and Harassment

August is upon us and millions of college students across the country will be beginning their fall terms, including many first-year students who have just become adults and have spent little time away from their families or communities. If you are a parent of an incoming student, you may be helping…

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Back to School Basics: College Sexual Misconduct Cases

Whether you are heading off to your first year of college, or are returning for your fourth (or sixth, or ninth) year of higher education, you are likely aware that sexual assault prevention is a big issue on college and university campuses today. We represent students—both those who have experienced sexual assault or misconduct and…

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Supreme Judicial Court Holds That the Parental-Child Privilege Does not Preclude Parents from Testifying as Defense Witnesses in Criminal Cases Brought Against Their Minor Children

As part of the criminal justice reform bill in 2018, the Massachusetts legislature passed a statute creating a limited parent-child privilege so that minor children who may be in legal trouble can seek advice from their parents without having to worry that their parents could be witnesses against them in…

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SCOTUS Holds Police Cannot Search Homes and Seize Firearms Under the Community Caretaking Exception to the Fourth Amendment

A recent Supreme Court case has reaffirmed the rights of individuals against unreasonable government searches and seizures after the First Circuit attempted to expand an exception to the Fourth Amendment. Last year, in Caniglia v. Strom, the First Circuit Court of Appeals (which includes Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island) identified a new…

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Public School Teachers and Social Media: the Protections and Limitations of the Right to Free Speech

The convergence of widespread social media use, and recent national social movements and events—including the current war in Israel and Palestine, the MeToo movement, the Black Lives Matter movement, and the COVID-19 pandemic—has led to a growing number of public school teachers and other government employees being disciplined for statements…