Posts tagged "Alves"

Alves v. Massachusetts State Police, et al. (Lawyers Weekly No. 11-001-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us   15-P-1531                                       Appeals Court   DAVID A. ALVES  vs.  MASSACHUSETTS STATE POLICE & others.[1]     No. 15-P-1531.   Bristol.     November 3, 2016. – January 4, 2017.   Present:  Agnes, Blake, & Desmond, JJ.     Res Judicata.  Collateral Estoppel.  Judgment, Preclusive effect.  Negligence, Police.  Practice, Civil, Summary judgment.  State Police.       Civil action commenced in the Superior Court Department on June 29, 2012.   The case was heard by Richard T. Moses, J., on a motion for summary judgment.     Sonja L. Deyoe for the plaintiff. Adam R. LaGrassa, Assistant Attorney General, for Massachusetts State Police.     BLAKE, J.  Following the execution of an anticipatory search warrant, Massachusetts State police officers arrested the plaintiff, David A. Alves, on various charges stemming from the seizure of a package containing approximately twenty-five pounds of marijuana.  The charges were subsequently dismissed, whereupon Alves filed a civil suit in the Superior Court asserting Federal civil rights violations against two State police officers, Paul Baker and William Donnelly, and negligence claims against the State police.  The officers removed the Federal claims to the United States District Court for the District of Massachusetts (Federal District Court), where a magistrate judge allowed Baker’s motion for summary judgment.[2]  The State police then filed a motion for summary judgment in the Superior Court, where the State-based claims remained.  Relying on the findings of fact made by the magistrate judge in his resolution of the Federal claims, a judge of the Superior Court allowed the motion.  Alves now appeals.  We agree that the matter is governed by principles of issue preclusion and accordingly affirm. Background.  After intercepting a suspicious package addressed to a recipient in Massachusetts, a postal inspector at the processing and distribution center of the United States Postal Service in Providence, Rhode Island obtained a Federal search warrant to search the package.[3]  The inspector found approximately twenty-five pounds of marijuana in the package, with an approximate street value of $ 35,000.  The inspector contacted Baker, a Massachusetts State police trooper, who obtained an anticipatory search warrant from the Taunton District Court, to be triggered by the acceptance or acquisition of the package, which bore a distinctive tracking number, and was addressed to “John Couture 443 Weir Street, Taunton, MA.”  The search warrant authorized the retrieval of the package from “44 [sic] Weir Street . . . [a] […]

Read more...

Posted by Massachusetts Legal Resources - January 5, 2017 at 3:19 am

Categories: News   Tags: , , , , , ,

Commonwealth v. Alves (Lawyers Weekly No. 11-104-14)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us   13-P-1183                                       Appeals Court   COMMONWEALTH  vs.  OCTAVIANO ALVES. No. 13-P-1183. Suffolk.     June 9, 2014. – August 27, 2014.   Present:  Kantrowitz, Agnes, & Hines, JJ.[1] Criminal Records.  Practice, Criminal, Record, Complaint.  Evidence, Identity.  Mistake.       Complaint received and sworn to in the Dorchester Division of the Boston Municipal Court Department on March 7, 2012.   A motion to expunge court and criminal records was heard by James W. Coffey, J., and a motion for reconsideration was heard by him.     Hung Tran for the defendant. Amanda Teo, Assistant District Attorney, for the Commonwealth.      AGNES, J.  The single question before us is whether the proper remedy for a clerical error that results in the issuance of a criminal complaint against a person who not only did not commit the crime, but also was never the intended target of the police investigation, is to seal the record pursuant to G. L. c. 276, § 100C.  In the unusual circumstances of this case, we conclude that even though the error was not corrected until the eve of trial when the complaint was dismissed, the statutory remedy of sealing the record was not the only option available to the judge, and that an expungement order is appropriate.[2] Background. Due to a clerical error, Octaviano Alves (date of birth:  1983) (Alves 1983), was charged with leaving the scene of a motor vehicle accident after causing property damage in violation of G. L. c. 90, § 24(2)(a) (criminal docket number 1207CR1074).  Alves 1983 did not commit the offense, nor was he ever suspected of committing the offense.  The actual perpetrator, i.e., the driver of the vehicle who left the scene, was Octaviano Alves (date of birth:  1977) (Alves 1977).  Alves 1977, the correct defendant, was apprehended by the police, but was not arrested.  A citation was delivered to him in hand.  The police accurately recorded Alves 1977′s name, date of birth, Massachusetts license number, and home address.  The police filed a timely application for a criminal complaint against Alves 1977.  After a “show cause” hearing attended by Alves 1977, see G. L. c. 218, § 35A, as amended through St. 2004, c. 49, § 200, probable cause to issue process was found to exist, but, due to a clerical error, the summons and the complaint contained an incorrect date of birth that corresponded to Alves 1983. Although […]

Read more...

Posted by Massachusetts Legal Resources - August 27, 2014 at 6:55 pm

Categories: News   Tags: , , , ,