Notable & Quotable: MBA members in the media

Thursday, May. 1, 2014

Notable & Quotable

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Supreme Court -- Warrantless Cellphone Search

Healy for Notable

"Never before has the United States Supreme Court decided whether or not a cellphone is subjected to police search after the arrest of an individual."

MBA Chief Legal Counsel and Chief Operating Officer Martin W. Healy, WBUR (NPR), April 28

Healy spoke to Boston's NPR affiliate about the Supreme Court case United States vs. Wurie, which  originated in South Boston. At question is whether police without a warrant can search the call log of a cell phone found on someone who has been arrested. The Supreme Court heard arguments in the case on April 29. MBA Past Criminal Justice Section Chair Peter Elikann also provided his insight on the case as a guest on FOX25. "The justices have actually been surprising about protecting privacy rights as the new technology comes up," said Elikann.

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Pothole Damage Statute

Sheff for Notable

"The statute just doesn't provide for property damages on a state road. If you can find some way of saying maybe the city and state combined to create a defect then you might have an argument."

MBA President Douglas K. Sheff, WBZ TV Channel 4 (CBS Boston), April 28

Sheff spoke to WBZ TV as part of a story on damage caused by potholes on both city and state roads in Boston. State and municipal roads are not governed by the same statute. The law governing municipal and county roads ( MGL c.84, s.15.) specifically mentions recovery for bodily injury and property damage. The law governing state roads ( MGL c.81, s.18) mentions recovery for injuries only.

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DCF Abuse Accusation

Notable Kazarosian

"Any time DCF supports those types of allegations, it's a serious situation. It "basically means" there is evidence the child was abused or neglected or at risk of being abused or neglected."

MBA President-elect Marsha V. Kazarosian, Cape Cod Times, April 25

Kazarosian was quoted in the Cape Cod Times in a story on a Department of Children & Families (DCF) report which accuses two South Yarmouth caregivers of abuse against 23-month-old Lucas Braman."It's really in the hands of the district attorney's office to determine whether there's probable cause to have criminal charges," said Kazarosian. On Tuesday, Kazarosian was also interviewed by WBZ 1030 AM for a piece on the recent changes at DCF amid a 2014 report from the Child Welfare League of America.