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Justia Daily Opinion Summaries

Massachusetts Supreme Judicial Court
August 10, 2020

Table of Contents

Commonwealth v. Mora

Civil Rights, Constitutional Law, Criminal Law

COVID-19 Updates: Law & Legal Resources Related to Coronavirus

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Legal Analysis and Commentary

Economic Theory Shows that People Will Make Choices that Worsen the Pandemic

NEIL H. BUCHANAN

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UF Levin College of Law professor and economist Neil H. Buchanan points out some of the ways in which congressional Republicans misunderstand economics to justify withholding unemployment payments from Americans during the COVID-19 pandemic. Buchanan argues that economic theory soundly demonstrates that given the opportunity, people will make choices that worsen the toll of the pandemic.

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Massachusetts Supreme Judicial Court Opinions

Commonwealth v. Mora

Docket: SJC-12890

Opinion Date: August 6, 2020

Judge: Barbara A. Lenk

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Judicial Court reversed the denial of the motions to suppress filed by Nelson Mora and Ricky Suarez, holding that the continuous, long-term pole camera surveillance targeted at the residences of Mora and Suarez was a search under article 14 of the Massachusetts Declaration of Rights. Using video footage collected by hidden video cameras on public telephone and electrical poles (pole cameras) the Commonwealth secured indictments against twelve defendants, including Mora and Suarez. Eight defendants moved to suppress the pole camera footage and evidence derived from that footage as the fruits of an unreasonable search. The superior court denied the motions, concluding that the pole camera surveillance did not constitute a search. The Supreme Judicial Court reversed as to Mora and Suarez and remanded the matter to the superior court for further proceedings, holding that the warrantless surveillance of Mora's and Suarez's residences for more than two months was a "search" under article 14.

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