Laserfiche WebLink
Breadcrumb Navigation:
41M -Search & Seizure <br /> <br /> <br />Policy & Procedure Page 2 of 14 <br /> Searches shall be conducted in strict observance of the constitutional rights <br />of the parties involved, and with due regard for the safety of all officers, other <br />persons and property involved. <br /> <br />PROCEDURE <br /> <br />A. Definitions <br /> <br />1. Affidavit: A formal declaration or statement of facts, in writing, made <br />voluntarily and confirmed by oath or affirmation before a person having <br />the legal authority to administer such oath or affirmation. <br /> <br />2. Exigent Circumstances: Situations in which law enforcement officials <br />will be unable or unlikely to effectuate a search or seizure for which <br />probable cause exists unless they act swiftly and without prior judicial <br />authorization.iii <br /> <br />3. Probable Cause: The facts observed, information obtained from others, <br />and personal knowledge and experience that are sufficient to lead a <br />reasonable and prudent person to believe that a particular crime has <br />been, is being, or is about to be committed, and that evidence of a crime <br />is likely to be found in a specific location or on a specific person, and <br />which would justify a judge or magistrate to issue a search warrant. <br /> <br />B. Search with a Warrant <br /> <br />1. Generally <br /> <br />a. The Constitution of the United States and the Massachusetts State <br />Constitution establish a requirement to obtain a search warrant prior <br />to conducting a search of an individual’s person or property. <br />b. Any search without a warrant requires an exception to the warrant <br />requirement. <br />c. Searches with a valid search warrant are preferred by the courts. <br /> <br />2. Obtaining a Search Warrant <br /> <br />a. M.G.L. Chapter 276 § 1 states, a court or justice authorized to issue <br />warrants in criminal cases may issue a warrant identifying the <br />property to be searched for and naming or describing the person or <br />place to be searched with particularity <br />b. An officer seeking a warrant must submit a warrant application and <br />affidavit upon oath that [s]he believes that the property or articles <br />named in the application for the warrant are concealed in a house, <br />place, vessel or vehicle or in the possession of a person within the <br />Commonwealth and/or territorial waters.