Boston Criminal Defense Lawyer Blog
If police officers from Massachusetts cross into another state and seize your property without a warrant or permission from that state, the evidence they take may not hold up in court. That exact issue came up in a recent decision from the Supreme Judicial Court. Officers from Lowell crossed into New Hampshire during a home invasion investigation. While there, they took a man’s phone without a warrant, suspecting he was deleting evidence. Once back in Massachusetts, they obtained a warrant to search the phone.
The court made clear that this action crossed a legal line. Officers from Massachusetts do not have power to seize property in another state unless they follow that state’s rules or get permission. Because the detectives failed to do that here, the search violated constitutional protections. As a result, the court suppressed the evidence from the phone.
How This Affects You If Police Search Your Belongings
When officers seize your phone, car, or other items without a warrant, courts must decide if the search followed the law. These decisions depend heavily on where the search occurred and what legal authority the officers had. In this case, the Massachusetts detectives acted outside their jurisdiction. That created a legal problem too serious to overlook.
Massachusetts courts expect law enforcement to respect constitutional protections, including your right to privacy and your right to be free from unreasonable searches and seizures. If officers sidestep those protections, any evidence they collect may be tossed out. This can change the course of your case, especially if that evidence is central to the charges.
Jurisdiction and the Limits of Police Authority
Each state limits the authority of its officers. A Massachusetts detective cannot simply travel into New Hampshire and start acting like a local police officer. Doing so disregards state sovereignty and contravenes fundamental principles of law enforcement. Courts take these limits seriously.
In the decision discussed here, the Commonwealth argued that the evidence would have been found anyway through legal means. That’s called the “inevitable discovery” rule. The court rejected this excuse, saying the facts did not support it. Officers cannot rely on speculation about what might have happened. They must follow the law from the start.
Warrantless Seizures Require Justification
When police take property without a warrant, they must explain why waiting for one would have risked public safety or caused evidence to be lost. Here, the detective thought the man was deleting phone data. Suspicion alone does not justify crossing state lines and taking someone’s phone.
The court emphasized that no emergency existed. No law or urgent threat allowed the detective to sidestep the process. That decision reinforces the rule that officers must respect limits on their power, even when investigating serious crimes.
Your Rights Do Not Stop at State Borders
If you live in Massachusetts but travel to another state, your rights travel with you. So do legal boundaries for police. Officers cannot chase a case across state lines and forget the rules. If they do, your defense lawyer may be able to get that evidence thrown out.
Evidence collected illegally cannot be used against you. This protects not just individual defendants but also the fairness of the entire court system. The ruling in this case sends a clear message to law enforcement: follow proper channels or risk losing your evidence in court.
Why Acting Quickly Can Make a Difference in Your Case
If you believe your phone or other property was seized without a warrant, you should act fast. Courts move quickly on suppression motions, and waiting can limit your options. An experienced criminal defense lawyer can assess whether police crossed any legal lines and whether that opens the door to challenging the evidence.
Do not assume that all searches are legal just because they were part of a police investigation. What happened before, during, and after a search can shape your entire defense strategy. Knowing your rights and using them is the first step in protecting yourself.
Get Help from a Criminal Defense Lawyer Who Knows How to Fight Back
The law draws sharp lines around what police can and cannot do. If they overstep, the evidence they collect could be thrown out, and your case may take a very different turn. Do not let an illegal search go unchallenged. To speak with a criminal defense attorney who can review your situation and protect your rights, call the Law Office of Patrick J. Murphy at (617) 367-0450.