What Counts as an Illegal Search in Massachusetts?

The Fourth Amendment protects against unreasonable searches and seizures. But what does that mean in real life?

In Massachusetts, a search is illegal if:
- It’s done without a warrant or valid exception.
- It exceeds the scope of what the warrant allows.
- It’s based on evidence obtained illegally (a “fruit of the poisonous tree”).

Common exceptions to the warrant requirement include consent, plain view, search incident to arrest, and exigent circumstances. But even those are limited. Police often overstep, and courts frequently suppress evidence when they do.

If you believe you were searched illegally, the evidence found might not be admissible in court. That can change the outcome of your entire case. I regularly file motions to suppress and challenge the legality of police searches.