Can Police Discrimination Help Get My Massachusetts Criminal Case Dismissed?

Written By: Matthew W. Peterson

Published: 03/010/2025

Share Us:

What Massachusetts Residents Need to Know About Your Rights

Can police discrimination help get my Massachusetts criminal case dismissed? If you believe the police stopped or searched you because of your race in Massachusetts, you might have a way to get evidence thrown out of court – and possibly get your entire criminal case dismissed.

The Game-Changing Court Decision

In 2020, the Massachusetts Supreme Judicial Court made an important decision in a case called Commonwealth v. Long. This decision made it easier for people to challenge evidence when they believe race played a role in their police encounter.

What Happened Before?

Before this decision, it was extremely difficult to prove that race influenced a police officer’s actions. The standards were so strict that even when discrimination seemed obvious, courts rarely threw out evidence.

What Changed?

The Long decision created a fairer system. Now, if you can show some reasonable evidence that race influenced why an officer stopped or searched you, the burden shifts to the prosecution. They must prove race played no part in the officer’s decision.

This is a big change that gives people a real chance to challenge unfair police practices.

How This Could Help Your Case

When evidence is “suppressed” (not allowed in court), it often means the prosecution can’t prove their case against you. This is especially true in:

Drug cases
Gun possession cases
Cases involving items found during searches

Without this evidence, many cases get dismissed completely.

What Kind of Evidence Helps Your Case?

Courts will look at several things to decide if race might have influenced your stop:

The officer’s history of who they typically stop
Patterns showing the officer stops people of certain races more often
The specific details of your encounter
Whether the stated reason for stopping you seems like an excuse

Steps to Take If You Think You Were Discriminated Against in Massachusetts

If you believe race played a role in your police encounter in Massachusetts, here’s what typically happens:

1. Your Massachusetts criminal defense lawyer asks for information about the officer’s history and past stops
2. Sometimes, experts hired by your criminal defense lawyer analyze this information to look for patterns of bias
3. Your criminal defense lawyer files a “motion to suppress,” showing evidence of possible discrimination
4. If the Massachusetts judge agrees there’s enough evidence to suggest discrimination, the prosecution must prove the stop wasn’t racially motivated
5. The judge decides whether to throw out the evidence from your Massachusetts case

Can Police Discrimination Help Get My Massachusetts Criminal Case Dismissed?

Everyone deserves equal treatment under the law. When police make decisions based on race instead of legitimate reasons, it violates constitutional rights. The Long decision helps protect these rights by giving people a real chance to challenge unfair police practices.

What You Should Do Now

If you think race played a role in your police encounter in Massachusetts:

Talk to a Massachusetts criminal defense lawyer right away
Tell your criminal defense lawyer specifically why you believe race influenced the stop
Ask your criminal defense lawyer if a “Long motion” might apply in your case
Don’t delay – these motions require time for your criminal defense lawyer to prepare properly

Remember, having evidence thrown out could mean the difference between facing charges and having your case dismissed entirely.

Getting Help from a Massachusetts Criminal Defense Lawyer

A skilled Massachusetts criminal defense lawyer can guide you through this process and help determine if police discrimination may have occurred in your case. This isn’t something most people can handle on their own – the Massachusetts legal process requires specific knowledge and experience that a criminal defense lawyer provides.

If you believe police discriminated against you when stopping or searching you, you have the right to challenge that in Massachusetts. Contact your criminal defense attorney now or contact us if we can help.