NO. SJC-10824 PURSUANT TO GLC 211, 5 3 FROM ... - Mass Cases

More documents

Recommendations

Info

is to protect personal privacy and dignity against unwarranted intrusion by the state); California v* Hodari, 499 U.S. 621 (199lj(.Seizure of pers6n); and Virginia v. Moore , 553 "U. S. - (2008)(T€i-'-.F&rth . ' Amendment protects against unreasonable seizures of a person). Also see Commonwealth V. Blood, 200 Mass. 1, 68 (1987)(Art 14 expectation of privacy); and Guiney v. Police Comm'r of Boston, 421 Mass. 328 (1991)(Art. 14 expectation of privacy of one's body in urine or blood samples). Therefore, where Aldrich was - not a convicted sex offender, pursuant to G.L.c. 265, 5 47, the actions of the government in attaching a GPS device to ALdrich's body, "through means intentionally I, II applied, Brower, supra at 597, constituted a It seizure, Connolly, supra at 823, and where the government continuously tracked, monitored and recorded and stored the date on Aldrich's movements and activities, Raposo, supra at 739, constituted If an unreasonable search,'' Connolly, supra at 818- 816, in violation of Aldrich's fundamental constitutional rights under the Fourth Amendment to the United States Constitution and Art. 14 of the Massachusetts Declaration of Rights. See Commonwealth V. Goodwin, 458 Mass. 11, 22 (2010)(FPS tracking is I, far greater intrusion on the defendant's liberty"). 38
R, Governmental GPS monitoring tracking, i and surveillance of Aldrich s movements and activities, pursuant to G.L.c. 265, 5 47, violated Aldrich's fundamental constitutional rights under the 5th and 14th Amendments and Art. 12 to his personal "Freedom" and "Liberty". The Fifth and Fourteenth Amendments to the United States Constitution guarantees a fundamental right t o its citizens that no person shall be deprived of his or her "liberty" without "due process of law." Fifth and Fourteenth Amendments, U.S. Gonst. (Adden- dum, p. 3 and 6). Article 12 of the Massachusetts Constitution Declaration of Rights provide a similar fundamental state constitutional right that no citizen of the state of Massachusetts shall be "deprived of his ... liberty," without due process of law. Art, 12 Decla- ration of Rights, Mass. Const. (Addendum, p. 7). Fundamental rights either explicitly or impli- citly arise from the United States Constitution. See LaCava v. Lucander, 58 Mass.App.Ct. 527, 533 (2003). Here, Aldrich allege that the enforcement of a GPS device upon him, pursuant to G.L.c..265, 9 47, violated his fundamental rights to be free from physical restraints. See Dutil, Petitioner, 437 Mass. 9 (2002)("freedom from governmental restraint lies at the heart of our system of government ..."); and
Page 1 and 2: COMMONWEALTH OF MASSACHUSETTS (1 of
Page 3 and 4: Case Laws Commonwealth v. Adkinson
Page 5 and 6: Case Laws Guiney v. Police Comm'r o
Page 7 and 8: Massachusetts Constitution Article
Page 9 and 10: I S S U E S P R E S E N T E D 1. WH
Page 11 and 12: STATEMENT OF PRIOR PROCEEDINGS On F
Page 13 and 14: On September 8, 2009, while on bail
Page 15 and 16: STATEMENT aF FACTS On January 6, 20
Page 17 and 18: of bail whereas the defendant was a
Page 19 and 20: On September 8, and 18, 2009, the P
Page 21 and 22: that he was - not a convicted sex o
Page 23 and 24: else he would be setting himself up
Page 25 and 26: which, remarkably, contained a list
Page 27 and 28: who threatened the defendant with a
Page 29 and 30: As a result of three months of cons
Page 31 and 32: phone call to the defendant from a
Page 33 and 34: A R G U M E N T S 1. WHERE A COURT
Page 35 and 36: A R G U M E N T S 2. WHERE PRETRIAL
Page 37 and 38: In Emelio E, V. Commonwealth, 453 M
Page 39 and 40: admitted to facts u€ficient for s
Page 41 and 42: constitutional danger, because it f
Page 43 and 44: defense); McKaskle v. Wigpins, 465
Page 45 and 46: Art. 14 Declaration of Rights, Mass
Page 47: Here, where Aldrich was released on
Page 51 and 52: Here, in the non fiction, Aldrich n
Page 53 and 54: 3. WUERE DEFENDANT WAS ALLOWED TO P
Page 55 and 56: of trial (R.A. "49-50"), in violati
Page 57 and 58: Thus, where the lower court incorre
Page 59 and 60: "52-62"), and out of fear and intim

NO. SJC-10824 PURSUANT TO GLC 211, 5 3 FROM ... - Mass Cases

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?