Help

Trying Drug Cases in Massachusetts

Indispensable tips, step-by-step guidance

book
  • Product Number: 1930280B00
  • Publication Date: 1/28/2022
  • Edition: 3rd Edition 2022
  • Copyright: © 2022 MCLE, Inc.
  • Add to Favorites List

Choose Format:

Also Available:
article
eArticles
See Table of Contents below to purchase individual chapters (including all chapter exhibits) from this book. Price per chapter: $50.00; Sponsor Members $45.00; New Lawyers $25.00 Free for OnlinePass subscribers.
article
eChecklists and eForms
See Table of Contents below to purchase individual checklists and forms from this book. Price per exhibit: $25.00; Sponsor Members $22.50; New Lawyers $12.50
  • Product Description
  • Table of Contents
  • Editors & Authors
  • Product Description

    Product Description

    Trying Drug Cases in Massachusetts is a comprehensive trial reference. You'll be able to identify the key elements of the alleged offenses and the substantive and procedural defenses available. You'll also gain the practical information and understanding of the case law you need to master every stage of the litigation, from suppression motions to cross-examination. More than a dozen checklists and more than 80 forms and other practical exhibits are provided as time-saving resources for researching and preparing your case.

    Recent updates:

    • Update: January 2022

      Dear Subscriber:

      Thank you for choosing to keep your copy of Trying Drug Cases in Massachusetts up-to-date with this revised edition. Inside, you will find new information, cites, and insights on subjects such as the following:

      • Trafficking. See chapter 1 for a new section on the crime of trafficking in carfentanil or its derivatives and discussion of the penalty associated with this offense. Chapter 1 also updates the reader on new cases relative to trafficking in other types of controlled substances and new sections on sales to minors and inducement of minors to sell various classes of substances.
      • Possession. See chapter 2 for new material on actual and constructive possession charges and the government’s duty to prove possession. The chapter includes new case decisions, along with information on the "particular link" requirement regarding drugs found in the home. The chapter discusses the probative value of the sound of home occupants "scurrying" within the home at the approach of police. Distinctions between dwelling places and stash houses or "hot" houses are also presented.
      • Discovery. See chapter 3 for a practice note on a recent case where the Supreme Judicial Court discussed defendants' right to discover evidence of racial bias in law enforcement stops. The 2020 decision addressed a defendant's right to reasonable discovery of evidence concerning the totality of the circumstances of the traffic stop.

      We at MCLE trust that you will find this material useful in your criminal law practice and valuable in keeping your law library current.

      Very truly yours,

      Maryanne G. Jensen, Esq., Director of Publications

  • Table of Contents

    Table of Contents

    expand all
    Chapter 1 expand

    Elements of Drug Offenses

    Buy Chapter
    Helle Sachse, Esq., Office of the Attorney General, Commonwealth of Massachusetts

    Checklist 1.1

    - Elements of Drug Offenses Buy Form
    Chapter 2 expand

    Defenses to Drug Offenses

    Buy Chapter
    Joshua J. Wood, Esq., Benzaken, Maguire, Sheehan, and Wood LLP

    Checklist 2.1

    - Defenses to Drug Offenses Buy Form
    Chapter 3 expand

    Discovery Practice and Pretrial Conferences

    Buy Chapter
    Jason Benzaken, Esq., Benzaken, Maguire, Sheehan, and Wood LLP

    Checklist 3.1

    - Discovery Practice and Pretrial Conferences Buy Form

    Exhibit 3A

    - Motion for Funds for an Investigator and Affidavit in Support Buy Form

    Exhibit 3B

    - Motion to Release Impounded Documents to Counsel for the Defendant and Court Order Buy Form

    Exhibit 3C

    - Defendant’s Motion to Preserve Oral Communication Buy Form

    Exhibit 3D

    - Defendant’s Motion to Preserve Police Notes Buy Form

    Exhibit 3E

    - Massachusetts State Police Crime Laboratory—Laboratory Materials Request Policy Buy Form

    Exhibit 3F

    - Proposed Supplemental Addendum to Conference Report Buy Form

    Exhibit 3G

    - Specific Requests Regarding Bias and Motive of Witness to Lie Not Limited to Confidential Informants Buy Form

    Exhibit 3H

    - Motion for Discovery of K-9 Tracking Dog and Information and Suggestions in Support Thereof Buy Form

    Exhibit 3I

    - Motion for Discovery of Drug Analysis Buy Form

    Exhibit 3J

    - Motion for Bill of Particulars Buy Form

    Exhibit 3K

    - Department of State Police General Order INV-02, Confidential Informants Buy Form

    Exhibit 3L

    - Boston Police Rule 333: Confidential Informant Procedures Buy Form
    Chapter 4 expand

    Checklist 4.1

    - Informant Issues Buy Form

    Exhibit 4A

    - Motion for Exculpatory Evidence Involving Informant Buy Form

    Exhibit 4B

    - Affidavit in Support of Defendant’s Motion for Exculpatory Evidence Involving Informant Buy Form

    Exhibit 4C

    - Motion for Informant Information Buy Form

    Exhibit 4D

    - Motion to Produce Police Records Buy Form

    Exhibit 4E

    - Motion for Disclosure of Surveillance Information Buy Form

    Exhibit 4F

    - Supporting Memorandum of Law Regarding Disclosure of Informant Information Buy Form

    Exhibit 4G

    - Motion for Disclosure of Precise Location of Seized Evidence Buy Form
    Chapter 5 expand

    Challenges to Search Warrants

    Buy Chapter

    Checklist 5.1

    - Challenges to Search Warrants Buy Form

    Exhibit 5A

    - Sample Motion to Suppress Search Warrant with Accompanying Memorandum of Law Buy Form
    Chapter 6 expand

    Checklist 6.1

    - Warrantless Searches Buy Form
    Chapter 7 expand

    Checklist 7.1

    - Expert Witness Issues Buy Form

    Exhibit 7A

    - Defendant’s Memorandum of Law in Support of Motion to Exclude the Commonwealth’s Proposed Expert Testimony Buy Form

    Exhibit 7B

    - Motion in Limine to Prohibit Evidence Regarding Drug-Sniffing Dog’s Alert to Currency Buy Form

    Exhibit 7C

    - Evaluating Dog Scent Evidence: Where Do I Start? Buy Form

    Exhibit 7D

    - Department of State Police General Order TOP-05 Regarding Canines Buy Form

    Exhibit 7E

    - Defendant’s Motion in Limine to Exclude Testimony of Drug Recognition Expert Buy Form

    Exhibit 7F

    - Commonwealth’s Motion in Limine to Qualify Detective as an Expert Buy Form

    Exhibit 7G

    - Outline of Examination of Drug Chemist/Analyst Buy Form

    Exhibit 7H

    - Post–Melendez-Diaz Drug Expert Discovery Ideas Checklist Buy Form

    Exhibit 7I

    - Motion in Limine to Preclude Testimony Regarding “Presumptive Tests” Buy Form

    Exhibit 7J

    - Daubert Challenges to Experts in Federal Criminal Cases: An Overlooked Defense Buy Form
    Chapter 8 expand

    Scientific Evidence and Protocols

    Buy Chapter

    Exhibit 8A

    - Glossary of Forensic Chemistry Terms Buy Form

    Exhibit 8B

    - NIJ Standard 0604.01: Color Test Regeants/Kits for Preliminary Identification of Drugs of Abuse Buy Form

    Exhibit 8C

    - Protocol for the Analysis of General Unknown Powders and Liquid Samples Buy Form

    Exhibit 8D

    - Protocol for the Analysis of Isobutyl Nitrite or Butyl Nitrate Samples Buy Form

    Exhibit 8E

    - Protocol for the Analysis of Lysergic Acid Diethylamide (LSD) Buy Form

    Exhibit 8F

    - Protocol for the Analysis of Marihuana Samples Buy Form

    Exhibit 8G

    - Protocol for the Analysis of Mushroom Matter Buy Form

    Exhibit 8H

    - Protocol for the Analysis of Residue Samples Buy Form

    Exhibit 8I

    - Protocol for the Analysis of Resinous Matter Buy Form

    Exhibit 8J

    - Protocol for the Analysis of Tablets and Capsules Buy Form

    Exhibit 8K

    - Protocol for the Testing of Multiple Sample Drug Cases Buy Form
    Chapter 9 expand

    Voir Dire Issues

    Buy Chapter
    Jason Benzaken, Esq., Benzaken, Maguire, Sheehan, and Wood LLP
    Joshua J. Wood, Esq., Benzaken, Maguire, Sheehan, and Wood LLP

    Checklist 9.1

    - Voir Dire Issues Buy Form

    Exhibit 9A

    - Official Court Juror Questionnaire Buy Form

    Exhibit 9B

    - Superior Court and District Court Addenda Dealing with Panel Voir Dire Procedures Buy Form

    Exhibit 9C

    - Motion for Voir Dire and Supporting Affidavits Buy Form
    Chapter 10 expand

    Checklist 10.1

    - Evidentiary Issues Buy Form
    Chapter 11 expand

    Cross-Examination

    Buy Chapter
    Jason T. Green, Esq., Committee for Public Counsel Services
    Paul R. Rudof, Esq., Elkins, Auer, Rudof & Schiff LLP

    Checklist 11.1

    - Cross-Examination Buy Form
    Chapter 12 expand

    Jury Instructions

    Buy Chapter
    Jeremy C. Bucci, Esq., Northwestern District Attorney's Office, Commonwealth of Massachusetts

    Checklist 12.1

    - Jury Instructions Buy Form
    Chapter 13 expand

    Interlocutory Appeals

    Buy Chapter
    Katherine E. McMahon, Esq., Hampden County District Attorney's Office, Commonwealth of Massachusetts
    Shane T. O'Sullivan, Esq., Suffolk District Attorney's Office, Commonwealth of Massachusetts

    Checklist 13.1

    - Interlocutory Appeals Buy Form

    Exhibit 13A

    - Commonwealth’s Notice of Interlocutory Appeal Buy Form

    Exhibit 13B

    - Commonwealth’s Motion for Stay of Proceedings Buy Form

    Exhibit 13C

    - Defendant’s Petition for Interlocutory Appeal and Stay of Proceedings Buy Form

    Exhibit 13D

    - Affidavit in Support of Defendant’s Petition for Interlocutory Appeal and Stay of Proceedings Buy Form

    Exhibit 13E

    - Defendant’s Notice of Appeal Buy Form

    Exhibit 13F

    - Defendant’s Motion for Waiver of Entry Fee Buy Form

    Exhibit 13G

    - Affidavit in Support of Defendant’s Motion for Waiver of Entry Fee Buy Form

    Exhibit 13H

    - Memorandum of Law in Support of Defendant’s Petition for Interlocutory Appeal Buy Form

    Exhibit 13I

    - Supplemental Memorandum of Law in Support of Defendant’s Petition for Interlocutory Appeal Buy Form

    Exhibit 13J

    - Commonwealth’s Petition for Relief from an Order Barring the Admission of Competent Evidence at Defendant’s Probation Revocation Hearing Buy Form

    Exhibit 13K

    - Commonwealth’s Memorandum of Law in Support of Petition for Relief from an Order Barring the Admission of Competent Evidence at Defendant’s Probation Revocation Hearing Buy Form

    Exhibit 13L

    - Commonwealth’s G.L. c. 211, § 3 Petition Seeking Relief from an Order Requiring It to Disclose the Identity of a Confidential Informant Buy Form

    Exhibit 13M

    - Commonwealth’s Memorandum of Law in Support of Its G.L. c. 211, § 3 Petition Seeking Relief from an Order Requiring It to Disclose the Identity of a Confidential Informant Buy Form

    Exhibit 13N

    - Commonwealth’s Memorandum in Opposition to Defendant’s Petition for Relief Under G.L. c. 211, § 3 Buy Form

    Exhibit 13O

    - Commonwealth’s Motion for Stay of Proceedings Pursuant to Mass. R. Crim. P. 15 Buy Form

    Exhibit 13P

    - Commonwealth’s Mass. R. Crim. P. 15(a)(2) (2017) & G.L. c. 278, § 28E Application Seeking Leave to Appeal an Order Allowing the Defendant’s Motion to Suppress Buy Form

    Exhibit 13Q

    - Commonwealth’s Opposition to Defendant’s Application Pursuant to Mass. R. Crim. P. 15(a)(2) for Leave to Appeal Order Denying Motion to Suppress Buy Form
    Chapter 14 expand

    Collateral Consequences

    Buy Chapter
    Victoria Kelleher, Esq., Law Office of Victoria Kelleher

    Checklist 14.1

    - Collateral Consequences Buy Form
  • Editors & Authors

    Editor(s)

    Author(s)

    Jason Benzaken, Esq., Benzaken, Maguire, Sheehan, and Wood LLP, Brockton
    Jeremy C. Bucci, Esq., Northwestern District Attorney's Office, Commonwealth of Massachusetts, Northampton
    Jason T. Green, Esq., Committee for Public Counsel Services, Brockton
    Victoria Kelleher, Esq., Law Office of Victoria Kelleher, Boston
    J. Scott Lauer, Esq., Federal Public Defender Office, Boston
    Katherine E. McMahon, Esq., Hampden County District Attorney's Office, Commonwealth of Massachusetts, Springfield
    Shane T. O'Sullivan, Esq., Suffolk District Attorney's Office, Commonwealth of Massachusetts, Boston
    Andrew W. Piltser Cowan, Esq., PiltserCowan Law, Boston
    Paul R. Rudof, Esq., Elkins, Auer, Rudof & Schiff LLP, Northampton
    Helle Sachse, Esq., Office of the Attorney General, Commonwealth of Massachusetts, Boston
    Molly Ryan Strehorn, Esq., Law Office of Molly Ryan Strehorn , Amherst
    Joshua J. Wood, Esq., Benzaken, Maguire, Sheehan, and Wood LLP, Brockton
TOP