Massachusetts Legal Developments Blog

Three Things You Should Know if You are Subject to a Search Warrant

A long-term investigation into a narcotics criminal operation resulted in law enforcement being led to Brockton where they removed heroin, cocaine, and Fentanyl. With the assistance of the Massachusetts narcotic investigation team, law enforcement disrupted a substantial organization involved with drug trafficking. 

Based on reports received by the Brockton police, law enforcement executed two search warrants in Boston that resulted in Brockton detectives arresting two drug dealers and pursuing warrants for several other individuals. Investigators seized approximately half a kilo of cocaine and around $30,000 in cash from the address. 

Two men were subsequently arrested in this seizure that led to the two individuals facing several charges, which include trafficking in over ten grams of fentanyl. If only convicted of trafficking, the men could end up facing approximately 20 years in prison.

Law enforcement seized 17 bags of Fentanyl as well as crack cocaine, two bags of heroin, and around two thousand in cash associated with the two suspects who were arrested. Law enforcement also charged the men with two counts of distributing a Class A drug. The men were also charged with possession to distribute a drug classified as Class B and conspiracy to violate the drug law. Additional arrests in the case might also be pending. 

What is Required for a Valid Search Warrant?

For a search warrant to be valid in Massachusetts, probable cause must be established as determined personally by a judge. This warrant must be issued following examination of a complaint as well as any witnesses that the judge can produce. Additionally, the warrant must describe the location to be searched as well as the persons and things that will be seized. 

Probable cause includes any facts and circumstances that would result in a reasonably prudent person believing that an offense has occurred and that objects being sought after are in the place intended to be searched. 

You Cannot Inspect a Search Warrant

If you are served with a search warrant, you cannot pretend that the warrant does not exist. A valid search warrant gives law enforcement the authority to enter private premises and collect evidence in accordance with the warrant’s terms. You cannot deny access or refuse to provide “consent” to a search by law enforcement. 

You Might be Able to Challenge the Search Warrant

Search warrants provide law enforcement with a broad investigative power, but this authority is not absolute. To be valid, a search warrant must be supported by probable cause. If a search warrant is issued without probable cause or the officer who executes the warrant surpasses the scope of their authority, this can serve as grounds for filing a motion to suppress. 

Contact a Massachusetts Drug Defense Attorney

If you or a loved one has been charged with a drug defense in Massachusetts, you should not hesitate to speak with a knowledgeable and experienced lawyer. Attorney Edward R Molari understands the serious nature of drugs and will fight for your case to be resolved in the best possible manner.