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COMMONWEALTH v. McCARTHY

No. SJC-12750.

484 Mass. 493 (2020)

COMMONWEALTH, v. JASON J. McCARTHY.

Supreme Judicial Court of Massachusetts, Barnstable.

April 16, 2020.

Attorney(s) appearing for the Case

Paul A. Bogosian for the defendant.

Elizabeth A. Sweeney, Assistant District Attorney, for the Commonwealth.

David R. Fox, for Digital Recognition Network, Inc., amicus curiae, submitted a brief.

Matthew Spurlock & David Rassoul Rangaviz, Committee for Public Counsel Services, Ashley Gorski, of New York, Jennifer Lynch & Andrew Crocker, of California, Jessie J. Rossman, Matthew R. Segal, & Nathan Freed Wessler, for American Civil Liberties Union & others, amici curiae, submitted a brief.

Present (Sitting at Barnstable): GANTS, C.J., LENK, GAZIANO, LOWY, BUDD, CYPHER, & KAFKER, JJ.

While investigating the defendant on suspicion of drug distribution, police used automatic license plate readers (ALPRs) on the Bourne and Sagamore bridges to track his movements. They accessed historical data, which revealed the number of times he had crossed the bridges over a three-month period, and also received real-time alerts...

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