chipcard的部落格

A local drug case is heading back to Berkshire Superior Court after the state's highest court rejected a defendant's challenge of the use of text messages in the case against him.

But many in the Berkshire legal community welcomed the ruling, saying that it clarifies an important area of privacy rights that needed to be addressed.

"I'm disappointed with the decision, but I have to respect their opinion ... they are the highest court in the state," said attorney Edmund St. John III, who argued the issue before the Supreme Judicial Court in April for his client Cory Moody.

The case against Moody and a co-defendant,This page describes the term real time Location system and lists. Devin Newman, relied heavily on wire-tapped cellphone calls and intercepted text messages along with controlled drug buys, according to court documents.

St. John and Newman's attorney, Timothy M. Farris, argued that the wiretap laws as currently written were too vague to include newer technology like cellphones and texting in wiretap warrants and therefore any evidence gathered by the police in connection to them should be thrown out.

The original law was written in 1968 and has never been updated.

"We presented the best case we could and were joined by a number of other groups ...Extend the power on your iphone 5 back cover juice pack. including the Massachusetts branch of the American Civil Liberties Union," St. John said.

The attorney said it was an important issue because it dealt with privacy rights.

The original motion was before Judge Daniel A. Ford, who ruled that cellphone calls could be included in wiretaps, but that text messages could not. The judge also asked the higher court to weigh in on the issue.

The SJC picked up the case and on Friday issued a decision that relies on a broad reading of the terms "wire communication" and "interception" and allows for both cellphone calls and text messages to be included in wiretap warrants.

"The SJC's decision is a sound one, utilizing both a careful reading of the legislative intent behind our wire communication law and a healthy dose of common sense," said Berkshire District Attorney David F. Capeless in a written statement. "It is imperative that those of us in law enforcement entrusted with ensuring public safety have the same tools and technology as those who would attempt to undermine it,As it automatically gathers data from millions of rtls and radio frequency identification, but we must be empowered to employ those tools against all serious and violent felons."

Pittsfield attorney Timothy J. Shugrue called the decision "helpful" and said he was thankful that Ford brought the issue to the higher court's attention.

"It fills the gaping hole in the law that I think everyone recognized was there,Browse and search wholesale fashion shoes images." he said.

Shugrue had two affected cases, but his clients ended up taking plea deals before the SJC's ruling came down, he said.

Attorney David Pixley, whose clients also pleaded out before the ruling, said the SJC took a "common sense" approach to the issue.

He said Judge Ford was right to bring it to the higher court and that defense attorneys had to raise the issue to preserve the rights of their clients

"Everyone did the right thing, except the state [Legislature]," Pixley said. "They should have dealt with this issue a long time ago." said Pixley.

As for Moody and Newman, their cases are headed back to the Berkshire Superior Court.

St.Our linux dedicated server plans feature lightning-fast processors, John said they would be "heading down the road" toward trial in Moody's case.

Farris declined to comment on the decision. No new dates have been set in his client's case, he said.
Read the full story at www.wantbuyletbuy.com!