MA: SnapChat video of def with a firearm two days before SW was PC

A SnapChat video of defendant with a gun two days earlier was probable cause for a search warrant. Commonwealth v. Watkins, 2020 Mass. App. LEXIS 139 (Sept. 16, 2020).

“Plaintiffs’ Amended Complaint asserts a Fourth Amendment claim for unreasonable search and seizure without further specifying the nature of this claim. The Fourth Amendment prohibits ‘unreasonable searches and seizures.’ U.S. Const. amend. IV. To prevail on a Fourth Amendment claim, a plaintiff ‘must establish that there was a search and/or seizure and that the search and/or seizure was unreasonable.’ Reeves v. Churchich, 331 F. Supp. 2d 1347, 1351 (D. Utah 2004), aff’d, 484 F.3d 1244 (10th Cir. 2007). Once again, Plaintiffs do not include supporting facts for this claim, such as the defendants or conduct involved. Plaintiffs fail to even identify the search or seizure at issue or allege facts showing that it was unreasonable. The court declines to construct a legal theory on Plaintiffs’ behalf. Accordingly, the undersigned RECOMMENDS that the court dismiss Plaintiffs’ Fourth Amendment claim without prejudice.” Gibbs v. Gill, 2020 U.S. Dist. LEXIS 168803 (D. Utah Aug. 10, 2020).*

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