Tom McLaughlin was enjoying the dancing by Downtown Crossing's newest character this afternoon when a cranky jerk demanded police do something about him. McLaughlin reports that as officers were talking to dancer guy and getting him to pack up, crank guy started screaming "faggot" at him, because, of course, haters gonna hate. McLaughlin adds:
Him and Keytar Bear would be some sweet combo.
The end of his performance came quickly once the police arrived, as Photographynatalia shows us:
The Massachusetts Appeals Court ruled today that Suffolk County prosecutors can't use a bag of crack a man had in his mouth as evidence against him because Boston Police didn't have a good reason to stop him and force him to spit it out in the first place.
Johnny Evans is facing a charge of cocaine possession because of an incident on Humphreys Street in Uphams Corner around 11:30 p.m. on March 11, 2013. According to the court's ruling, plainclothes officers in an unmarked car on routine patrol began following him as he approached Humphreys Place:
When they saw the defendant, they did not recognize him or "know him from any prior interactions." Rather, to them, "[h]e was just a person walking on the street." The defendant spotted the unmarked vehicle trailing him, and he turned left onto Humphreys Place when he reached it. At that point, "Officer Dodd, who was driving, turned his [car] onto Humphreys Place and followed [the defendant] until he got up as far as [the defendant w]as walking." While still in their vehicle, the officers proceeded to ask the defendant where he was going. The defendant answered that he lived on Humphreys Place and was returning home (a statement that the police admitted they had no reason to question). The defendant "looked around" while being questioned, and "Officer Dodd thought that [he] appeared to be nervous." At one point, the defendant placed his hands in his pockets, and "Officer Dodd directed [him] to take his hands out of his pockets." The defendant "hesitated" and then complied.
Based on the way he answered, one of the officers thought he had something in his mouth. Evans denied he did, then opened his mouth to show:
"[A]s soon as [the defendant] opened his mouth," Officer Dodd used his flashlight to examine the inside of the defendant's mouth, and in this manner he was able to see a bag containing what appeared to be crack cocaine wedged between the defendant's tongue and cheek.
After the defendant refused to spit out the observed bag "and appeared to be trying to swallow it[,] Officer Dodd took hold of [the defendant's] jaw" and eventually induced the defendant to spit it out. The officers arrested the defendant and searched him incident to that arrest. Finding "nothing further" on the defendant, and apparently having no reason to question the defendant's postarrest statement that "I was just going home to get high," the officers released him to be summonsed at a later date.
But since the officers had no reason to suspect initially that Evans was up to no good, they should never have detained him like that, let alone shined a flashlight in his mouth and make him spit out the bag.
And that is a violation of Article 14 of the Massachusetts constitution - the more exacting analog to the federal Fourth Amendment - and so the search and resulting evidence is illegal, the court ruled.
The Supreme Judicial Court ruled today a man who failed to win appointment as a Boston police cadet was so far down the candidate list - despite getting a really good score on a written test - he probably wouldn't have gotten appointed even if BPD hadn't given preferential treatment to several women candidates it wanted to hire to bring more women into the ranks.
But in striking Sean Pugsley's suit, the state's highest court also said the department needs to show its need to move women up in eligibility isn't masking a failure to actively recruit more women who could score high enough on tests to gain appointment without preferential treatment.
[T]he department essentially argues that its use of a female selective certification was justified by the statistical disparity between the number of female Boston police officers and the number of female suspects and female victims that come into contact with law enforcement. While we recognize the need for and the importance of diversified, professional, police departments, the use of statistical disparities, without more, will generally be insufficient to support [preferential treatment]. We leave it in the first instance to the Massachusetts Commission Against Discrimination to particularize the showing necessary for engaging in such discriminatory hiring through the [bona fide occupational qualification] process.
The court ruled that because he failed to prove definitively he would have gotten an appointment without the women candidates ahead of him, Pugsley had a lack of standing to sue. According to the ruling, Pugsley objected just to the higher rankings given women, not Haitian and Cape Verdean creole speakers, who also jumped to the top of the list
The society, which had been based on Newbury Street for more than 40 years, was selected by the BRA and UDR, the company building the tower.
In this new location, The Society of Arts and Crafts will expand its reach and become a center for the craft and design community, connecting students, artists, collectors, and the public. A proposed artist-in-residency program will provide makers with a space to create their work in culture-rich Boston. Planned retail and exhibition galleries will show larger and more experimental work. Finally, the outdoor civic plaza will allow for collaborative and educational programming, and exhibitions can expand into this space to include public sculpture.