Legal Question in Criminal Law in Massachusetts

Standing once arrested

Once a person is arrested can they still have standing when it comes to a search of their pockets? Do they have a possessory interest or an expectation of privacy? How?


Asked on 10/27/04, 1:15 pm

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Standing once arrested

You are deaking with 2 issues: (1) police ability to search incident to arrest, (2) when must the police get a search warrant. It sound like yours is a search incident to arrest, which can be allowed for a number of reasons. Your vague description does not allow me to go further.

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Answered on 10/27/04, 10:44 pm


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