12/13/22: Judge Stearns has revised the chapters on "Assault", "Battery", and "Malicious Mischief" to incorporate recent cases from the Supreme Judicial Court and the Appeals Court.
11/4/22: Judge Stearns has revised the chapters on procedure and evidence to incorporate recent developments in the law on a number of topics including bail and detention, exculpatory evidence, polygraph testing, prior bad acts, professional conduct, joint venture, and juvenile justice, among other subjects.
The 42nd edition of the Guide is now online.
10/11/22: Judge Stearns has revised the chapter on "Indecent Assault and Battery" to incorporate, among other cases, a number of recent decisions from the Supreme Judicial Court and the Appeals Court addressing the vexing issues of the proper use of peremptory challenges in the effort to ensure the selection of fair and representative juries. The chapter on "Motor Vehicle Offenses" has been revised taking particular note of Commonwealth v. Moreau's, 490 Mass. 387 (2022), extension of Bohigian's, 486 Mass. 209 (2020), holding that nonconsensual blood tests are inadmissible on statutory grounds in all OUI prosecutions with or without a court order.
8/19/22: Judge Stearns has revised the chapter on "Admissions and Confessions" to note the Supreme Court's recent decision in Vega v. Tekoh holding that a Miranda violation will not support a claim for damages under the Federal Civil Rights Act, as well as new Massachusetts cases touching on, among other topics. the confession corroboration requirement, waivers by juveniles, and the use of noncustodial pre-arrest statements at trial.
8/1/22: Judge Stearns has revised the chapter on "Firearms Offenses" to assess the substantial impact of the Supreme Court's decision in New York Rifle & Pistol Ass'n v. Bruen on Massachusetts gun licensing laws and to make some predictions of forthcoming legislative tweaks to the existing law. He also discusses the important case of Commonwealth v. Rossetti, 489 Mass. 589 (2022), and its impact on sentencing for certain gun offenses.
5/10/22: Judge Stearns has revised the chapter on "Identification Evidence" to note a number of new cases on topics ranging from photo arrays, showups, video reenactments, photograph enhancements, and in-court identification, to the admission of expert testimony on visual identification and fingerprint matches. The chapter on "Battery" has been revised to include new cases addressing involuntary manslaughter, provocation, the use of excessive force in self-defense, defense of another, and third-party culprit evidence.
4/15/22: Judge Stearns has revised the chapter on "Domestic Abuse" to take note of the important new case of Commonwealth v. Dufresne, 489 Mass. 195 (2022), which reaffirms the absence of an art. 12 or Sixth Amendment right to counsel in the civil phases of a Chapter 209A proceeding and rejects a separation of powers challenge to enforcement of the criminal provisions of Chapter 209A by the executive branch.
4/8/22: Judge Stearns has updated the chapter on "Search and Seizure" to take note of three important new cases: Commonwealth v. DeJesus, 489 Mass. 292 (2022), which abolishes the traditional Massachusetts two-step standing analysis in favor of the Supreme Court's single-step expectation of privacy test, Commonwealth v. Carrasquillo, 489 Mass. 107 (2022), which questions the application of the third-party records doctrine to searches of social media, and Commonwealth v. Perry, which places restrictions on the gathering of CSLI by so-called "tower dumps," as well as other recent developments.
3/10/22: Judge Stearns has revised the chapters on court procedure and multiple defendant cases to include new commentary and cases on juvenile justice, joint venture, and parent-child privileges, among other matters.
2/23/22: Judge Stearns has updated the chapters on "District Court Procedure", "Assault and Battery with a Dangerous Weapon", and "Public Order Offenses" to incorporate new cases on topics ranging from Covid-19 measures, motive, consciousness of guilt, dangerous weapons and serious bodily injury, and "upskirting."
2/4/22: Judge Stearns has revised the chapter on "Indecent Assault and Battery" to note new cases discussing consent, first complaint, and juror voir dire, among other topics, as well as a new Police Reform Act statute that criminalizes sexual contact between a law enforcement officer and a person in his or her custody.
1/23/22: We have now migrated to new servers. Please let us know if you have any difficulty accessing the site.
1/15/22: Judge Stearns has revised and updated the chapters on "Battery", "Burglary", and "Consent Searches", noting among other changes the impact of the Police Reform Act on the Massachusetts Civil Rights Act.
1/14/22: Maintenance Alert. The Guide will shortly be migrating to new servers. The migration may cause some brief interruption in service, but we will take every step we can to minimize any disruption. We will post here again as soon as we have a better idea of the timeframe for this maintenance work.
1/7/22: Judge Stearns has updated the chapter on "Police Misconduct" to include, among other new topics, an assessment of the Police Reform Act and its impact on the rules governing the use of force and the doctrine of qualified immunity, together with a commentary on the Final Report of the legislative commission on qualified immunity issued on January 4, 2022. The chapter on "Threshold Inquiries" has also been updated to take note of the controversial Supreme Judicial Court decision in Commonwealth v. Sweeting-Bailey, 488 Mass. 741 (2021).
12/21/21: Judge Stearns has updated the search and seizure chapter on "Threshold Inquiries", as well as the chapters on "Assault", "Receiving Stolen Property", and "Domestic Abuse".
12/3/21: Judge Stearns has updated the chapters on "Firearms Offenses" and "Forgery" to note, among other developments, cases affecting the Massachusetts and the federal armed career criminal statutes and the admissibility of computer generated business records.
10/22/21: Judge Stearns has revised the introductory section of "Search and Seizure" to note recent case developments affecting, among other topics, standing, the expectation of privacy, and the third-party records doctrine.
10/12/21: Judge Stearns has revised the chapter on "Indecent Assault and Battery" to include, among other new cases, Commonwealth v. Carter, 488 Mass. 191 (2021), in which the Supreme Judicial Court extends the Batson-Soares empanelment protections to gay persons called to serve as jurors.
The 41st edition of the Guide is now online.
9/19/21: Judge Stearns has revised the chapter on "Admissions and Confessions" to take note of a number of new cases from the Supreme Judicial Court, the Appeals Court, the U.S. Supreme Court, and the First Circuit Court of Appeals.
9/5/21: Judge Stearns has revised and updated the chapters on "Identification Evidence" and "Assault Crimes" to include new cases on authentication of social media and surveillance videotapes, in-court identification, DNA access, and the overt act element of assault, among other topics.
8/30/21: Judge Stearns has updated and revised the chapters on "Searches with Warrants", "Motor Vehicle Searches", "Larceny", "Malicious Mischief", "Battery", and "Public Order Offenses".
8/2/21: Judge Stearns has revised the opening chapters on criminal procedure to include among other significant new decisions, a discussion of the Supreme Judicial Court's guidance in Mushwaalakbar v. Commonwealth, 487 Mass. 627 (2021), on pretrial detention in the time of COVID, and an important right of confrontation case, Commonwealth v. Rand, 487 Mass. 811 (2021), which adopts the "ongoing emergency" exception defined by the Supreme Court in Michigan v. Bryant. Other new decisions address exculpatory evidence, double jeopardy, continuance, and juvenile justice, among other topics.
7/24/21: Judge Stearns has revised and updated the chapters on "Searches Incident to Arrest" and "Plain View Seizures" to incorporate among other developments a commentary on Lange v. California, the Supreme Court's recent misdemeanor hot pursuit decision.
7/16/21: Judge Stearns has revised and updated the chapters on "Domestic Abuse", "Forgery", and "Criminal Trespass".
7/1/21: Judge Stearns has revised the chapter in "Search and Seizure" on "Threshold Inquiries" to include the Supreme Court's decision in Caniglia v. Strom, limiting the scope of the community caretaking doctrine, as well as several recent Appeals Court cases discussing the proper scope of vehicle stops and the fine line between the right to order a suspect to exit a vehicle and the right to conduct a frisk.
6/9/21: Judge Stearns has revised the chapter on "Search and Seizure" to include a number of new cases. Of particular significance are Commonwealth v. Delgado-Rivera, 487 Mass. 551 (2021), in which Justice Gaziano strongly hints that the Supreme Judicial Court is prepared to abandon its traditional art. 14 analysis treating standing and expectation of privacy as separate issues in favor of the Supreme Court's Fourth Amendment single step inquiry into the reasonableness of a defendant's expectation of privacy, and Commonwealth v. Pearson, 486 Mass. 809 (2021), in which the Court in an opinion authored by Chief Justice Budd replaces the objective test of the first prong of the independent source exception with the Supreme Court's hybrid subjective test. The chapter on "Identification Evidence" has also been revised to incorporate new cases on the authentication of social media and the proper implementation of the Daubert-Lanigan test of expert scientific and technical evidence.
5/18/21: Judge Stearns has revised the chapter on "Police and Police Misconduct" to incorporate new cases on the use of force, due process, qualified immunity, and prisoner rights, among other topics.
5/3/21: Judge Stearns has revised the chapter on "Indecent Assault and Battery" with a principal focus on issues of potential juror bias, the use of peremptory challenges, and post-verdict access to juror questionnaires, as well as noting new cases on the consent defense and the first complaint doctrine. The chapter on "Threshold Inquiries" has been revised to include new cases discussing the community caretaking doctrine and the quantum of suspicion necessary to justify an investigatory stop. Judge Stearns has also included a commentary on Torres v. Madrid, an important recent Supreme Court case discussing the use of force to effect an arrest.
4/19/21: Judge Stearns has revised the chapters on "Motor Vehicle Offenses" to incorporate new cases on proof of operation and on leaving the scene and the Daigle decision, 99 Mass. App. Ct. 107 (2021), on Breathalyzer refusal evidence, as well as to note important post-Camblin developments. The chapter on "Assault and Battery: Dangerous Weapon" has been revised with particular note of the holding in Commonwealth v. Colas, 486 Mass. 831 (2021), regarding the pointing of a weapon and proof of an intent to kill.
3/19/21: Judge Stearns has revised the chapters on court procedure and practice to highlight new cases discussing the duty to disclose exculpatory evidence, impeachment, and the sentencing of juveniles, among other topics.
3/10/21: Judge Stearns has revised the chapter on "Public Order Offenses" to comment on Justice Kafker's recent decisions in Manolo M., 486 Mass. 678 (2021), and Nick N., 486 Mass. 696 (2021), clarifying the procedures to be followed in applying the "second chance" opportunity given juveniles who commit minor offenses by the 2018 Criminal Justice Reform Act. New cases discussing First Amendment speech restrictions, the elements of open and gross lewdness, and deriving support from prostitution are also noted.
2/24/21: Judge Stearns has revised the chapters on "Identification Evidence", "Battery", and "Drug Crimes" to note new cases discussing authentication, third-party culprit hearsay, self-defense, constructive possession, and the medical use of marijuana, among other topics.
2/5/21: Judge Stearns has revised the chapter on "Searches with Warrants" to explain the impact of the new "Police Reform" statute severely restricting the issuance of no-knock search warrants. Also included are new cases discussing staleness, digital searches, connection to the premises, and controlled buys, among other topics.
1/18/21: Judge Stearns has revised the chapter on "Firearms Offenses" to take particular note of Justice Gaziano's important decision in Commonwealth v. Ashford, 486 Mass. 450 (2020), excluding crimes of recklessness as predicates for sentencing under the Massachusetts Armed Career Criminal Act, as well as new cases involving proof of knowledge that a firearm is loaded, and other significant developments.
1/4/21: Judge Stearns has revised the chapter on "Search and Seizure" to take particular note of an important new decision, Commonwealth v Gosselin, 486 Mass. 256 (2020), that makes clear that the third-party records doctrine remains (for the most part) alive and well in Massachusetts.
12/21/20: Judge Stearns has revised the chapter on "Assaults on Police and Police Misconduct" to include his commentary on the impact he believes that the proposed "Police Reform" Act will have on the doctrine of qualified immunity and excessive force claims (basically, very little). Also noted is Tinsley v. Town of Framingham, 485 Mass. 760 (2020), an important new Supreme Judicial Court case discussing the Massachusetts application of the Heck rule, along with other cases affecting civil rights actions, the Massachusetts Tort Claims Act, and more.
12/6/20: Judge Stearns has updated the chapter on "Motor Vehicle Offenses" to discuss, among other new developments, the Supreme Judicial Court's decision in Commonwealth v. Bohigian, , 486 Mass. 209 (2020), nullifying the authority of judges to issue search warrants permitting the forcible extraction of blood samples in drunk driving cases where a defendant has refused to consent to a test.
11/23/20: Judge Stearns has updated the chapters on "Procedure" to note new cases affecting joint venture prosecutions, the right of confrontation, and dispositions in juvenile cases. The chapter on "Assault" has been updated to take note of the important case of Commonwealth v. Dunphe, 485 Mass. 871 (2020), and its refinement of the DiPadova instruction regarding the impact of the voluntary consumption of drugs and alcohol on criminal responsibility.
10/27/20: Judge Stearns has revised the chapter on "Admissions and Confessions" to note new cases addressing immunity, client perjury, the right to counsel, the right to silence, voluntariness, and custodial interrogation.
10/13/20: This is the 40th Edition of the Prosecutor's Guide.
Judge Stearns has revised the chapters on "Threshold Inquiries", "Searches
Incident to Arrest", and "Public Order Offenses" with the important cases of Commonwealth v. Jones 98 Mass. App. Ct. 120 (2020), and Commonwealth v. Evelyn, 485 Mass. 691 (2020), and the attempt to address racial profiling in the context of traffic stops as the major topic of discussion.
10/3/20: Judge Stearns has revised the sections on "Bail" and "Other Crimes Evidence" in "Procedure 1" to highlight Justice Lowy's elaboration on the Brangan requirements in Walsh v. Commonwealth, 485 Mass. 567 (2020), and new cases touching on proof of state of mind, motive, and common scheme, as well as undue prejudice.
9/15/20: Judge Stearns has revised the chapter on "Indecent Assault Battery", which discusses, among other topics, the law governing jury empanelment, to incorporate the Supreme Judicial Court's groundbreaking decision in Commonwealth v. Sanchez, 485 Mass. 491 (2020), that aligns state with federal law prohibiting the discriminatory use of peremptory challenges. The chapter on "Search and Seizure" has been revised to take note of Commonwealth v. Mora, 485 Mass. 360 (2020), a pole camera surveillance case, elaborating on the Court's recently adopted "mosaic theory" of the expectation of privacy.
8/16/20: Judge Stearns has revised the chapters on "Identification Evidence", "Indecent Assault and Battery", "Receiving Stolen Property", and "Firearms Offenses" to incorporate new cases dealing with jury issues, jury unanimity, the authentication of evidence, proof of knowledge that a weapon is loaded, and Firearm Identification Card applications, among many other topics.
8/11/20: Judge Stearns has updated and revised the chapters on "Drug Crimes", "Dangerous Weapons", "Search and Seizure", "Consent Searches", and "Exigent Searches" to incorporate recent developments in the case law.
7/21/20: Judge Stearns has revised the chapters on court procedure to incorporate new developments with respect to the impact of the COVID-19 pandemic on Speedy Trial Act matters (including pretrial detention), as well as new cases discussing the separation of powers, continuances, gang affiliation evidence, and the Confrontation Clause. Judge Stearns also draws attention to the Supreme Judicial Court's suggestion in Commonwealth v. Watt, 484 Mass. 742 (2020), that it might be open to extending its "cruel or unusual punishment" reasoning in Diatchenko to persons under age twenty-two.
7/13/20: Judge Stearns has revised the chapters on "Battery" and "Domestic Abuse" to note, among other topics, new cases on the law of self-defense and two new Appeals Court cases by Justice Hanlon clarifying the burden of proof in establishing a reasonable fear of imminent harm and the rules governing the appealability of Chapter 209A and Chapter 258E orders.
7/1/20: Judge Stearns has revised and updated the chapter on "Admissions and Confessions" to include a number of recent developments in Massachusetts and federal law.
6/23/20: Judge Stearns has revised the chapter on "Public Order Offenses" to take particular note of a recent Supreme Judicial Court mandate that trial judges who are considering a commitment for alcohol or substance abuse treatment weigh the impact of the COVID-19 pandemic in the decision.
6/15/20: Judge Stearns has revised the chapters on identification procedure and evidence to note new advances in the science of eyewitness identification, and new cases covering, among other topics, the Crayton procedure, photographic identifications, the use of social media evidence, and the DNA "innocence" statute.
5/27/20: Judge Stearns has updated the chapters on "Battery" and "Assault and Battery with a Dangerous Weapon" to note, among other topics, new cases on serious bodily injury and mayhem. The section on "Other Bad Acts" in the "Procedure" chapter has also been revised.
5/19/20: Judge Stearns has revised and updated the Search and Seizure chapters on "Threshold Inquiries" and "Searches with Warrants."
5/14/20: Having reluctantly concluded that the COVID-19 pandemic will be a fact of life for at least the coming months, Judge Stearns has revised the bail portions of the chapter on "Procedure" to include a new section on the Special COVID-19 Bail Considerations mandated by the Supreme Judicial Court.
5/11/20: Judge Stearns has revised the introductory chapter on "Search and Seizure" to include, among other topics, a discussion of Commonwealth v. McCarthy, 484 Mass. 493 (2020), an important new case from the Supreme Judicial Court that attempts to adapt art. 14 and the reasonable expectation of privacy test to a world of ultra-sophisticated police surveillance technology.
4/30/20: Judge Stearns has revised the chapter on "Forgery" to take note of Commonwealth v. Andre, 484 Mass. 403 (2020), which among other things, requires a trial judge to instruct a jury to evaluate the foundational elements for admitting a challenged business record. The chapter on "Larceny" has been revised to take note of Commonwealth v. McGann, 484 Mass. 312 (2020), which authorizes a sentencing judge to award restitution to a third party who suffers a financial loss because of a defendant's criminal conduct.
4/27/20: Judge Stearns has revised the chapter on "Indecent Assault and Battery" to note important developments in the law regarding the statute of limitations, jury empanelment, the law of consent in the context of a sexual battery, medical record contents, and the substitution of "first" complaint witnesses, among other topics.
4/13/20: Judge Stearns has revised the chapter on "Firearms Offenses" to incorporate, among other developments, an important new Supreme Judicial Court case, Commonwealth v. Marrero, 484 Mass. 341 (2020), which relieves the Commonwealth of the burden of proving that a defendant in unlawful possession of a firearm knew that his gun met the statutory definition.
4/10/20: Judge Stearns has revised the chapter on "Public Order Offenses" to recognize, among other developments, an important Supreme Judicial Court case, In the Matter of a Minor, 484 Mass. 295 (2020), which sets out due process requirements for a section 35 civil commitment proceeding, particularly when a juvenile is the respondent.
4/6/20: Judge Stearns has revised "A Prosecutor's Guide to Discovery" (PROCEDURE 1) to include new developments regarding the Public Records Law. The chapter on "Searches Incident to Arrest" has been revised in light of Commonwealth v. Barillas, 484 Mass. 250, an important new Supreme Judicial Court opinion discussing the seizure of cell phones incident to arrest, among other topics.
3/30/20: Judge Stearns has revised the chapter on Police matters to incorporate developments in the law affecting civil rights, qualified immunity, inmate rights, and actions brought under the Massachusetts Tort Claims Act, including the potential of class actions.
3/21/20: Judge Stearns has revised the procedural sections on bail and the use of other crimes evidence to capture recent developments in the law.
3/16/20: Judge Stearns has revised the section on district court procedures to reflect new developments in juvenile justice, particularly with respect to issues of diversionary sentences and probation revocations. The chapter on "Search Warrants" has been revised to recognize new cases dealing with computer searches and clarification of the procedures to be followed in taking an interlocutory appeal of a decision on a motion to suppress.
2/28/20: Judge Stearns has revised the chapter on "Vehicle Searches" to include commentary on Commonwealth v. Goncalves-Mendez, 484 Mass. 80 (2020), which announces a new rule prospectively requiring police to offer detained drivers the option of having a passenger who can do so lawfully, take custody of his vehicle instead of having it impounded (and inventoried). The chapter on "Firearms Offenses" has been revised to include new cases commenting on knowledge that a gun is loaded, the discharge of firearms in or near a dwelling or occupied building, and statutory exemptions to the licensing requirements.
2/24/20: Judge Stearns has revised the chapters on "Identification," "Assault," and "Dangerous Weapons" to incorporate the most recent developments in the law, including commentary on social media and the statutory right to seek DNA reanalysis.
2/18/20: The chapter on "Forgery and Uttering" has been revised to recognize, among other developments, Justice Lenk's astute commentary on the distinctions among forgery, uttering, and false statements in Commonwealth v. Stirlacci, 483 Mass. 775 (2020).
2/14/20: Judge Stearns has revised the chapters on "Introductory Search and Seizure," "Threshold Inquiries," and "Searches with Warrants" to incorporate recent developments in the case law. Of particular significance is Justice Budd's opinion in Commonwealth v. Torres-Pagan, 484 Mass. 34 (2020), clarifying the distinction between the more stringent standards justifying a patfrisk and the more lenient officer-safety standard justifying an order to exit a stopped vehicle.
1/22/20: Judge Stearns has revised the chapter on "Indecent Assault and Battery" in light of recent cases addressing, among other topics, prosecutions of child pornography and indecent assaults on children, the first complaint doctrine, jury empanelment and deliberations, and public access to court records.
1/13/20: Judge Stearns has revised the chapter on "Threshold Inquiries" to recognize Justice Budd's important opinion in Commonwealth v. Matta, 483 Mass. 357 (2019), reframing the "free to leave" test for determining when a police encounter with a civilian is transformed into a seizure. He has also revised the chapter on "Admissions and Confessions" to incorporate new cases on the administering of Miranda warnings, voluntariness, and the recording of confessions, among other topics.
1/6/20: Judge Stearns has revised the chapter on "Domestic Abuse" in light of important new cases discussing limitations on the scope of Chapter 258E orders, the elements of civil and criminal proceedings under Chapter 209A and Chapter 258E, proper service, and the right of appeal.
12/27/19: The chapter on "Motor Vehicle Offenses" has been revised to incorporate new cases addressing the definition of a public way, as well as the prosecution of operating under the influence offenses, including an analysis of Commonwealth v. Dennis, 96 Mass. App. Ct. 528 (2019), an Appeals Court decision discussing the different federal and state standards governing the drawing of blood for testing purposes. The "Firearms" chapter now incorporates the definitional standards governing the issuance of extreme risk protection orders, as well as two significant cases (among others), Commonwealth v. Paul, 96 Mass. App. Ct. 263 (2019), which discusses the out-of-state resident licensing exemption, and Worman v. Healey, a First Circuit decision rejecting a Second Amendment challenge to the Massachusetts ban on certain specified assault weapons and large capacity feeding devices. The chapter on "Assaults on Police; Police Misconduct" has been revised to note Commonwealth v. Adams, 482 Mass. 514 (2019), a Supreme Judicial Court decision reviving the common-law offense of interfering with a police officer, as well as case developments impacting fee-shifting in civil rights cases, the doctrine of qualified immunity, and inmate rights under RLUIPA and the PLRA.
11/29/19: The chapters on identification law and procedure have been revised to note the impact of Commonwealth v. German, 483 Mass. 553 (2019), on showup identifications, as well as developments involving expert testimony, social media, and the DNA Innocence Act, among other topics.
11/1/19: The chapter on "Drug Crimes" has been revised to reflect, among other recent developments, the impact of Commonwealth v. Carrillo, 483 Mass. 269 (2019), on the prosecution of drug distribution overdose deaths and Commonwealth v. Matta, 483 Mass. 357 (2019), which fleshes out the drug free park zone provision of Chapter 94C, section 32J. The chapter on "Battery" has also been revised in light of the Carrillo decision.
10/8/19: The chapters on Malicious Mischief, Forgery, Breaking and Entering, Criminal Trespass, Larceny, and Receiving Stolen Property have now been fully revised and updated by Judge Stearns.
10/3/19: The chapters on Court Procedure have been revised to capture recent developments in the law affecting bail, pretrial diversion, and juvenile prosecutions, among other topics.
9/27/19: The chapters on "Battery" and "Indecent Assault and Battery" have been fully revised and updated.
9/3/19: All eight chapters on the law of Searches and Seizures have been revised to incorporate new cases on matters ranging from standing to the odor of marijuana and the plain smell doctrine and much more.
9/3/19: The chapter on "Admissions and Confessions" has been revised to include recent developments, including cases discussing non-testimonial evidence, custodial interrogation, and the attenuation doctrine. The chapter on "Simple and Aggravated Assault" has been revised to take note, among other topics, of the recognition in Adams, of the viability of the ancient common-law crime of interfering with or hindering a police officer in the performance of his or her duties, as well as Justice Kafker's important Buttimer opinion, which brings much-needed clarity to the concept of apparent ability as it applies in the broader assault context of a defendant's knowledge and intent, the victim's fear or apprehension, and the brandishing by the defendant of a dangerous weapon. The chapter on "Domestic Abuse" has been revised to incorporate important new cases fleshing out the elements of criminal harassment and the burdens of proof that apply when a court considers the extension, modification, or termination of a Chapter 209A order.
8/21/19: The chapter on Public Order Offenses has been revised to update subscribers on refinements in the law governing section 35 alcohol and substance abuse commitment orders, the recognition of a (new) common-law crime of interfering with a police officer in his or her performance of a lawful duty, a new model jury instruction on deriving support from prostitution, and most important, Justice Kafker's effort to make sense out of the new legislation intended to give juveniles a "second chance" when faced with a first misdemeanor delinquency adjudication.
8/18/19: The chapter on "Motor Vehicle Law" has been revised to update subscribers on, among other developments in the law, the Alcotest 9510 breathalyzer, motor vehicle citations, and the offenses of operating to endanger and operating under the influence of marijuana or other narcotic drugs.
8/15/19: The chapter on "Searches with Warrants" has been revised to reflect new developments in the law regarding searches of smart phones and computers, uses of informant information, staleness, and appeals of adverse suppression decisions, among other topics.
8/13/19: The chapters on Procedure have been updated to reflect developments in the law on topics as diverse as gang affiliation evidence used to prove motive, public records access, the right of confrontation, and juvenile sentencing.
8/11/19: The chapter on "Identification Evidence" has been substantially revised by Judge Stearns to incorporate recent developments in the the law regarding social media authentication, post-conviction DNA testing, photo identifications, opinion testimony, and the forfeiture doctrine, among other topics.
8/7/19: The "Firearms Offenses" chapter has been updated to incorporate important new cases discussing firearms licensing and the Armed Career Criminal Act, among other topics.
5/29/19: The chapters on District Court Procedure have been revised to incorporate new developments in the bail laws, the law of accomplice liability, and juvenile offender sentencing.
5/12/19: The chapters on Assault, Larceny, and Receiving Stolen Property have been revised and updated.
5/3/19: The chapter on "Search and Seizure" has been revised in light of important new SJC decisions discussing GPS technology, cell-phone tracking, probationer's rights, and strip searches, among other topics. The chapter on "Exigent Circumstances" has been revised to incorporate new cases illustrating the proper application of the doctrine.
5/1/19: The chapter on "Threshold Inquiries" has been revised to include, among other new cases, the holdings of Commonwealth v. Arias, 481 Mass. 604 (2019), which untangles the confusion between the emergency aid and exigent circumstances exceptions to the warrant requirement.
4/30/19: The chapter on "Assaults on Police; Police Misconduct" has been revised to reflect developments in the law regarding due process and qualified immunity, among other subjects.
3/14/19: The chapter on "Indecent Assault and Battery" has been revised to incorporate a number of new cases and statutory changes, including Commonwealth v. Williams, 481 Mass. 443 (2019), on jury voir dire, and Commonwealth v. Sherman, 481 Mass. 464 (2019), on the law of consent.
3/8/19: The chapter on "Battery" has been revised to incorporate case developments in the law governing reckless conduct, self-defense, transferred intent, and accident.
3/5/19: The section on bail in "Procedure 1" has been updated to reflect the Supreme Judicial Court's decision in Scione v. Commonwealth, 481 Mass. 225 (2019), striking down the residual clause of section 58A as unconstitutionally vague.
1/22/19: The chapter on "Domestic Abuse" has been updated to reflect new Appeals Court cases refining statutory terms and procedures, among them "stay away" orders and appellate review.
1/13/19: The discussion in Exigent Searches has been revised to note Commonwealth v. Alexis, an important expansion of the substantive protections against unreasonable searches and seizures guaranteed by art. 14 of the Declaration of Rights and a rejection of the United States Supreme Court's Fourth Amendment jurisprudence in Kentucky v. King.
11/25/18: The discussion in Procedure 1 regarding the prosecutor's obligation to produce exculpatory evidence in a timely fashion has been revised to reflect the Supreme Judicial Court's powerful October 11, 2018 decision attempting to right the Amherst drug testing lab scandal, Committee for Public Counsel Services v. Attorney General.
9/7/18: The 38th Edition of the Guide is now online. This update incorporates significant developments in Massachusetts criminal law through August 31, 2018.
5/27/18: Massachusetts Prosecutors' Guide Online has been updated to reflect amendments made by the Massachusetts Criminal Justice Reform Act of 2018, signed by Governor Baker on April 13, 2018. This Act made significant changes in the areas of bail rules, solicitation of crimes, drug offense penalties (including those for school zone violations), operating under the influence penalties, motor vehicle homicide, witness intimidation, battery on police officers, thresholds for felony larceny and receiving stolen property, malicious mischief, and many more.
3/28/18: The Mid-Year Update to the 37th Edition of the Guide is now online. This update incorporates significant developments in Massachusetts criminal law through March of 2018.
9/8/17: The 37th Edition of the Guide is now online. This update incorporates significant developments in Massachusetts criminal law through September 2, 2017.
3/30/17: The Mid-Year Update to the 36th Edition of the Guide is now online. This update incorporates significant developments in Massachusetts criminal law through March 28, 2017.
11/18/16: System Maintenance Update: If you're reading this, our server migration was successful. Welcome to our new server. Please contact us at support@massprosecutorsguide.com if you see anything amiss.
9/3/16: The 36th Edition of the Guide is now online. This update incorporates significant developments in Massachusetts criminal law through September 1, 2016.
3/29/16: The Mid-Year Update to the 35th Edition of the Guide is now online. This update incorporates significant developments in Massachusetts criminal law through March 31, 2016.
9/16/15: The 35th Edition of the Guide is now online. This update incorporates significant developments in Massachusetts criminal law through September 1, 2015.
4/4/15: The Mid-Year Update to the 34th Edition of the Guide is now online. This update incorporates significant developments in Massachusetts criminal law through March 31, 2015.
9/16/14: The 34th Edition of the Guide is now online. This update incorporates significant developments in Massachusetts criminal law through August 31, 2014.
5/16/14: Update re maintenance: Our provider canceled the planned maintenance this morning. The work is expected to be rescheduled in the near future.
5/13/14: Our hosting provider has informed us that they will need to do some significant system maintenance from Midnight through 4:00 AM EDT on May 16, 2014. For all or part of that period, the Massachusetts Prosecutor's Guide Online will be unavailable. As soon as the maintenance is complete, we will have the Guide up and running again promptly. This maintenance is for the purpose of refreshing and consolidating equipment and will not be a regular occurrence. We hope that this brief but necessary outage will not inconvenience you.
4/11/14: A mid-year update to the 33rd Edition of the Guide is now online. This update incorporates significant developments in Massachusetts criminal law through April 1, 2014.
12/9/13: The Massachusetts Prosecutor's Guide Online is pleased to welcome Northeastern University Law School as a new subscriber.
9/7/13: The 33rd Edition of the Guide is now available online. This update incorporates significant developments in Massachusetts criminal law through August 2013.
5/28/13: The chapter on Drug Crimes has been updated in the treatment of recent statutory changes.
5/3/13: Thanks to the Trial Court Law Libraries, the Massachusetts decisions cited in the Guide are now hyperlinked to the Libraries' database of court decisions at masscases.com. Each hyperlink will open in its own window or tab so that our users may view the text of the decision and the chapter discussing it without having to jump back and forth in their browsing history.
4/21/13: A mid-year update to the 32nd Edition of the Guide is now online. This update incorporates significant developments in Massachusetts criminal law through the first week of April 2013.
11/10/12: The latest update to the chapter on Drug Offenses incorporates the reductions in mandatory minimum drug crimes sentences that took effect on August 2, 2012.
10/30/12: The chapter on Drug Offenses has been updated to reflect recent changes to the drug-free school zone law.