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Articles Posted in Search and Seizure

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Massachusetts Court Determines Strip Search of Defendant Was Unsupported by Probable Cause

Last month, a Massachusetts appellate court issued an opinion in a Massachusetts drug case describing the circumstances under which a strip search is appropriate. In this case, the court held that the strip search conducted by police was unsupported by probable cause, and violated the defendant’s constitutional rights to be…

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Massachusetts Court Finds Officers’ Search of Home Cannot Be Justified by Officer-Created Exigency

As a general rule, police officers must obtain a warrant to search someone’s home. However, over the years, courts have come up with several exceptions when police do not need to obtain a warrant to search a home. The most common exception police officers use to justify the immediate, warrantless…

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Massachusetts Court Condones Officer’s Approach and Questioning of Motorist Based on “Community Caretaking” Function of Police

As a general matter, police officers must be justified in their approach and questioning of a person. This includes both pedestrian stops as well as motor vehicle stops. Typically, an officer must be able to present articulable facts supporting the officer’s reasonable suspicion that the person who was stopped had…

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