Legal Question in Criminal Law in Massachusetts

coming in my house

There was a warrant for my husband's arrest. They could have picked him up at his place of work but instead they waited until he was home. Our 9 yr. old daughter can home from school. They took my husband out of the home and they stayed at our home with our 9 yr. old daughter and searched the house after the took my husband out of house. They were alone in the house with my little daughter. When I finallly arrived home, I asked why they searched my home and they said that they were looking for weapons. But his arrest was not for weapons,and I never was shown a search warrant. As soon as I asked why they searched they immediatly left. Is this legal?


Asked on 7/14/03, 10:51 pm

1 Answer from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: coming in my house

They were probably playing the game that we need to look for something, that something is in the house, so let's arrest him at home. without a search warrant or consent, they have a minimal right to search the immediate area.

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Answered on 7/14/03, 11:24 pm


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