Legal Question in Constitutional Law in Massachusetts

Re: 4th Amendment Rights of illegal seizure

Yes.

[1] Discussion. " 'The right of police officers to enter into a home, for whatever purpose, represents a serious governmental intrusion into one's privacy. It was just this sort of intrusion that the Fourth Amendment [to the United States Constitution and > art. 14 of the Massachusetts Declaration of Rights were] designed to circumscribe by the general requirement of a judicial determination of probable cause.' > Commonwealth v. Forde, 367 Mass. 798, 805 [329 N.E.2d 717] (1975). Federal and State case law delineates clear boundaries for permissible entry by police officers into a [63 Mass.App.Ct. 471] home in order to search or arrest. In the absence of a warrant, two conditions must be met in order for a nonconsensual entry to be valid: there must be probable cause and there must be exigent circumstances." (Footnote omitted.) > Commonwealth v. DeJesus, 439 Mass. 616, 619, 790 N.E.2d 231 (2003).

827 N.E.2d 224, 63 Mass.App.Ct. 467, Com. v. McAfee, (Mass.App.Ct. 2005)

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There is a grant of federal money that is awarded to the states. A few years ago, Mass. received $149,000,000 from the feds for 411 grants.

The grant for arresting on a DV call is GRANT TO ENCOURAGE RREST-PREFERRED POLICIES AND THE ENCOURAGEMENT OF PROTECTION ORDER PROGRAMS.