Under the 4th Amendment to the United States Constitution, police officers are required to obtain a warrant in order to execute a search and seizure of a criminal defendant’s home in most situations. Whether or not an exception exists to this general rule is a frequent issue in a Massachusetts criminal case.
Facts of the Case
In a recent case, police entered a building that contained four apartments. They did not have a warrant but were acting on information supplied by a 9-1-1 caller to the effect that she had seen some men go into the building with a gun. There had been several home invasions in town, although the record did not specify whether those events were in the same neighborhood. While they were conducting “protective sweep” of the building, police officers observed what appeared to be illegal narcotics. After the suspects were arrested in a different part of the building, officers obtained a search warrant for the apartment unit in which the drugs were seen, and the resident thereof was indicted.