Legal Question in Criminal Law in Massachusetts

warrants

MY 17yo son had an arrest warrant for missing a probation appointment. While I was at work, the police (approximately 12 officers with guns) entered my home while I was at work. My 2 younger children ages 11 and 13 were just coming home from school and witnessed the whole thing. They tore my house apart and there was no adult here at the time. My youngest child was extremely traumatized by this incident and I want to know if this was legal for them to break into my house like that? My son jumped out a second floor window because he was scared and they eventually caught him. One of the officers threatened one of the kids stating he would ''split your head open'' if you don't tell us where he is. My son's original crime was assault and battery. he got into a fight with another boy and broke his cheekbone. The other kids father is a probation officer in Boston and they have been extremely aggressive in my son's conviction. He was charged with aggravated assault, he has already spent 10 months in a juvenile facility and now they are trying to put him in the house of correction until 10/06 for this probation violation. The whole thing just seems a bit excessive to me. I want to know if it was legal for the police to enter my home?


Asked on 11/23/05, 8:55 am

1 Answer from Attorneys
Robert Kidd Law Offices of Robert P. Kidd

Re: warrants

If police had an arrest warrant, they could arrest your son in a public area, but arguably police would need a separate search warrant to enter and search your home. The exception would be if there was some imminent threat to public safety or other emergency justifying the police entry. The typical remedy for an illegal police search and seizure would be to suppress any physical evicence or statements derived from the illegal search. Doesn't sound like there is any such evidence here. Could an attorney file and argue a Motion to Dismiss the case based on the aggergious conduct of the police? Possibly but I would need to know more.

As to your son being held, a probationer may be detained in Mass. upon an allegation that he violated probation and can be held without bail for up to 30 days until the Final Probation Surrender Surrender Hearing. The Probationer is entitled to "preliminary probation violation hearing", at which the judge decides whether to release the person pending the final hearing, and the "Final Hearing", at which the judge decides whether or not the person violated probation, and what punishment, if any, the person will receive.

Is your son being treated more harshly b/c the victim's dad is a P.O? This is possible. We live in an imperfect world and the justice system does not exist in a vacume.

Robert Kidd

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Answered on 11/23/05, 9:59 am


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