In OneLaw’s February newsletter, Attorney Chris Connolly explains an interesting issue in a criminal case pending in court involving police surveillance of Snapchat resulting in the arrest of his client for improper possession of a firearm. There is also a reminder that we represent caretakers seeking guardianships of their loved ones, whether for an adult with a disability or a minor child.
Read the full February 2025 newsletter HERE.
A text version is below.
—
Tonight OneLaw will gather for dinner to celebrate an eventful 2024. We got delayed by a month due to illness but finally have the opportunity to step back from the work and reflect on our successes.
I also want to extend thanks to all our clients and collateral professionals who work with us. We consider you all part of the larger OneLaw family.
As for the newsletter this month, Attorney Chris Connolly explains an interesting issue in a criminal case pending in court involving police surveillance of Snapchat resulting in the arrest of his client for improper possession of a firearm. He is seeking to suppress evidence, arguing the police actions were unconstitutional, hopefully leading to a dismissal or a better case for trial.
There is also a reminder below that we represent caretakers seeking guardianships of their loved ones, whether for an adult with a disability or a minor child. One common scenario we deal with is a child with a qualifying disability approaching 18 years old whose parents may need to petition for guardianship to be able to make educational, medical, and/or financial decisions once that person becomes a legal adult.
As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (https://www.one-law.us) or give us a call at 617-831-4355.
Peter A. Hahn, Esq.
Principal Attorney
—
From the Courtroom: Police Surveillance of Snapchat and a Questionable Arrest for Gun Possession
by Chris Connolly, Esq.
One issue I am litigating right now is in a criminal matter charging improper possession of a firearm and involving social media surveillance by the police. We are scheduled for a motion to suppress hearing, which is a stage in litigation prior to trial that involves the defendant and the prosecution calling witnesses in an evidentiary hearing to determine if the police or another government actor violated the constitutional rights of the defendant and if so, whether the evidence should be ‘suppressed’ or withheld from evidence at trial. Sometimes if the defendant wins the motion to suppress hearing, the decision is dispositive and results in a dismissal. Even if the defendant does not beat the case with a successful motion, the prosecution’s case for trial would be limited and more favorable for the defendant.
My client is accused of having possession of a firearm without a license to carry while he was in an Escalade filled with other passengers. There’s a mandatory minimum sentence to serve. The stakes are rather high for this young man.
The police force in this matter have infiltrated a lot of people’s social media including Snapchat without the users knowing the joined account is administered by a cop. They have focused on young people’s accounts and usually people of color. Often, the police have portrayed themselves as someone else including as a woman (when the officer was a man) so the user of the social media would not know they were being followed by a police officer. In this case, the police believed that someone in an Escalade had a gun based on recently posted Snapchat images which resembled a gun. The police decided to pull over the Escalade although they were not sure who owned the social media account. My client had not been in any image from this Snapchat account, but he was caught up in the assumptions the police made. The police ordered everyone to get out, searched a backpack they say was near my client, and found a firearm.
The social media surveillance and the conclusions the police drew on that day were problematic for the reasons that will be litigated, implicating the constitutional right against unreasonable searches and seizures under the Fourth Amendment of the United States Constitution and Article XIV of the Massachusetts Declaration of Rights. For example, defendants have the right in some circumstances to stay in their car when they are pulled over by the police and to be free from pat downs. See Commonwealth v. Torres-Pagan, 484 Mass. 34 (2020). In addition, the Supreme Judicial Court has addressed when particularly egregious incidents of police surveillance of media accounts may be suppressed. See Commonwealth v. Carrasquillo, 489 Mass. 107 (2022).
There is a clear lesson for people in this case, particularly youth. Be careful of what you and your friends post online. Assume what’s happening online is public even if the functions of the account include privacy settings. Remember that nothing posted online can really ever be completely lost or destroyed. And even if the image is actually something else, if some people believe what you’re posting online is illegal or dangerous, you or your friends could get in trouble. Never post something that could be seen as illegal or something about a fight or linking you to crime scene.
If you have a criminal case or related question and would like representation, please contact us.
Attorney Chris Connolly represents OneLaw clients in a variety of practice areas, including education, criminal, juvenile, civil rights, disability, and related matters.
—
GUARDIANSHIP
Adults with disabilities may need a court-appointed guardian if they are not able to make basic legal decisions for themselves, including financial, medical, and educational decisions.
OneLaw works with parents and other caretakers interested in seeking guardianship over any adult who qualifies. This includes planning in advance for children who are about to turn 18.
We also work with caretakers who seek guardianship of a minor if that child’s parents are unable to care for the child.
Contact OneLaw for a consultation if are considering guardianship of a loved one.
—
OneLaw specializes in education, estate planning, residential real estate, civil rights, family law, criminal and victim rights, discrimination, special needs, guardianship, consumer protection, juvenile and child welfare, probate administration, Title IX, HPO/RO, and related matters.