Legal Question in Criminal Law in Massachusetts

Fourth Amendment

My niece allowed police into my home upon being asked are you the owner of the home. Is this a violation of my rights?


Asked on 6/09/08, 7:43 pm

3 Answers from Attorneys

Joseph Murray Joseph M. Murray, Esq.

Re: Fourth Amendment

If you empowered your niece with the right to allow others in, it may not be a violation of your rights.

But if they searched without a warrant under false pretense that they had the permission of the owner you should retain an attorney to determine if whatever evidence of a crime was discovered might be suppressed.

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Answered on 6/09/08, 9:39 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Fourth Amendment

It is not that simple.

The interaction and the perception of the police is critical, along with your niece's age and competency.

You should talk to no one, and certainly not post a detailed description on the internet.

The next person you should and must speak to is an attorney to analyze the case, and discuss your options.

If you seek further information or representation, you can call my office.

If you want to provide me with more essential information about the situation, or contact me, then I can provide me with the necessary details, so that I can evaluate what is going on, and give you my thoughts.

If you would like to consult with me, call me at my office.

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Answered on 6/09/08, 9:53 pm
Dmitry Lev The Lev Law Firm

Re: Fourth Amendment

Was anything actually found, and did a criminal case begin? If so, you must contact an attorney immediately to evaluate this situation. If not, and you are simply annoyed -- then even if there was a violation, how were you harmed?

Feel free to contact my office for a free consult.

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Answered on 6/10/08, 12:07 am


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