The Brief
What You Need to Know. No More, No Less.
Do the Police Need a Warrant in Massachusetts?
Warrants are the rule—but there are exceptions. Here’s how courts decide whether a search without a warrant was legal.
Most of the time, yes. But there are exceptions.
Police generally need a warrant to search your home, car, or belongings. That warrant must be based on probable cause and approved by a neutral judge. But there are circumstances where searches without a warrant are allowed:
- You gave consent.
- The evidence was in plain view.
- There was an emergency or danger to life.
- You were arrested, and the search was “incident to arrest.”
Still, courts scrutinize these exceptions. If police violated your rights, your lawyer can file a motion to suppress, which may exclude the evidence from trial.