Legal Question in Criminal Law in Massachusetts

ilegal search and seizure

when a search warrant is issued and carried out, can officersconduct a search on premises where the subject does not reside and when a (informant) stated while being inpossetion of narcotics that he received them from the defendant who resides at a residence that he does not live.


Asked on 4/19/07, 5:18 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: ilegal search and seizure

The words of the search warrant tell the officer where he can search. There is some leeway.

I cannot tell from what your described what the warrant said, as opposed to what was searched.

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Answered on 4/19/07, 6:24 pm
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: ilegal search and seizure

There is a lot of law defining the permissible scope of searches pursuant to warrant. Its true the words are controlling, but sometimes the officers depart from the defined scope, and sometimes that's ok, and other times its not; it all depends on the specific circumstances of your situation.

If its a close case, you would certainly want to make a motion to supress the evidence obtained during the search, which would obviously help your situation greatly. Contact me if you'd like help on this important issue.

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Answered on 4/19/07, 8:27 pm


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