Massachusetts Supreme Judicial Court Mandates Proof of Non-Bias in Undercover Police Investigations
BOSTON – The Massachusetts Supreme Judicial Court (SJC) has ruled that police departments must demonstrate the absence of racial bias when conducting undercover investigations, a decision stemming from a Boston gun case dismissed last year. The ruling,detailed in a recent court opinion,establishes a new standard for transparency and accountability in law enforcement’s use of social media and other digital platforms for investigative purposes.
The case originated when a defendant challenged his conviction,arguing Boston police withheld crucial records detailing their social media monitoring practices. The SJC agreed, finding the failure to disclose these records potentially concealed racially biased investigative tactics, violating the defendant’s constitutional rights. This decision substantially impacts how Massachusetts law enforcement approaches undercover work, notably concerning potential discriminatory practices.
The court’s decision centers on the principle that a defendant has a right to challenge the motivations behind an investigation, especially when it involves potentially discriminatory targeting. Specifically, the SJC persistent that records pertaining to how police identify suspects and initiate investigations through social media are discoverable by the defense. Without access to this information, defendants cannot adequately assess whether they were targeted based on race or other protected characteristics.
The initial case involved a firearm possession charge that was ultimately dropped after the court initially threw out the conviction.The Boston Globe reported the department’s refusal to release records related to its undercover social media investigations prompted the SJC’s scrutiny. The court stated these records “could have shown racially biased investigations.”
This ruling builds upon existing legal precedent regarding due process and equal protection under the law. Legal experts anticipate the SJC’s decision will lead to increased scrutiny of police investigative methods and potentially require departments to implement more robust data collection and transparency measures. John R. Ellement of The Boston globe can be reached at john.ellement@globe.com and on Twitter @JREbosglobe.
