Legal Question in Criminal Law in Massachusetts

search warrants,

hELLO: a FRIEND OF MINE WAS IMPOSED BY POLICE CONDUCTION A SEARCH WARRANT. THERE WAS NO VOICE BEHING THE OUTSIDE DOOR OF HER HOME TELLING THEM THAT THEY WERE ENTERING, NOTHING!! TO TOP THIS OFF, THE RAID CONDUCTED WAS ALSO DONE BY TWO OTHER IBDIVIDUALS WEARING ''BLACK MASKS!'' WHAT ARE THE LEGALITIES OF ENTERING SOMEONES HOME WITHOUT ENTRY BEING ANNOUNCED. ALSO, WHAT ABOUT TWO OF THE ENTERERS WEARING MASKS?


Asked on 11/11/05, 10:13 am

1 Answer from Attorneys

Robert Kidd Law Offices of Robert P. Kidd

Re: search warrants,

Police may enter without announcing themselves only if specifically permitted by a warrant. In Mass. the form for warrants has a box permitting police to enter w/out announcement that must be checked to permit such action. In order to obtain such a warrant, police must must first apply to a magistrate or judge for the warrant prior to the search and must demonstrate probable cause that illegal contraband or evidence of illegal activity will be found in the premises they seek to search. In the case of a so-called "no knock" warrant, police must demonstrate a special need to enter the premises w/out announcing. Usually this would be a showing that there is a danger that the suspects will conceal or destroy evidence if police announce themselve (i.e. flushing the dope down the toilet), or that the suspects are likely to be armed and police need the element of surprise for their protection. Don't know about the black masks. Never heard of that. Even on 10/31.

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Answered on 11/11/05, 1:16 pm


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