Legal Question in Criminal Law in Massachusetts

Re: Search warrants

You have no right to find out about a search warrant until it is served on you. Of course there have been cases where the police have presented invalid or improper warrants. Lawyers fight such warrants during the pre-trial process.

Re: Search warrants

You really cannot learn if you are the subject of a search warrant until it is searved on you. As far as invalid warrants, the answer is yes. We challenge the validity of search warrants all the time and are often successful in suppressing all evidence obtained when they are ruled invalid.

Re: Search warrants

While you have no right to learn if there is a search warrant being sought against you, you can file a request with the clerk of your local court requesting a notice to show cause before the clerk magistrate before any criminal complaint issues against you. And any attorney you retain can file pre-trial motions to examine the affidavit that must have been filed to obtain any search warrant. Good Luck!