U.S. v. BAEZ

Criminal Action No. 10-10275-DPW.

UNITED STATES OF AMERICA, v. JOSE BAEZ, Defendant.

United States District Court, D. Massachusetts.

July 16, 2012.


Attorney(s) appearing for the Case

Jose L. Baez, Defendant (1), represented by Murat Erkan , Erkan & Associates & Michael P. Ruane , Law Offices of Michael Ruane, LLC.

USA, Plaintiff, represented by David G. Tobin , United States Attorneys Office & Stephen P. Heymann , United States Attorney's Office.


MEMORANDUM AND ORDER

DOUGLAS P. WOODLOCK, District Judge.

The question presented is whether evidence gathered through a technique authorized by a number of Courts of Appeals — other than the First Circuit which had not addressed the issue — should be suppressed in this arson case because the Supreme Court held the technique violative of the Fourth Amendment well after the evidentiary initiative used here was completed. I conclude that the exclusionary...

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