Search Warrants: A Breakdown by MA Criminal Defense Attorney

When the Police Come to Search the Home for Drugs

            When a search warrant for drugs is issued for the home under Massachusetts law, the police have no longer than seven days to conduct the search. In most instances the police will conduct the search either the same day that the warrant is issued, or the following day. When the police come to the home, you can be certain that they are going to search the entirety of the residence, according to criminal defense attorney Shane W. Surrette of Worcester, MA.

With this in mind, just because a search warrant is issued and the police find evidence of drugs and drug distribution, this doesn’t mean that the warrant was valid in the first place.  For instance, the warrant must state with particularity the exact premises to be searched, and if there are any ambiguities in the listing of the residence to be searched, any such discrepancy should be resolved in favor of evidence suppression.

Similarly, if the warrant is based on controlled buys by a confidential informant, the warrant affidavit and application must specify some of the informant’s basis of knowledge that drugs and distribution materials are in the residence, as well as the informant’s reliability. Basis of knowledge is typically shown where the informant can describe that he/she has been in the residence and has seen drugs and has purchased drugs in the residence.

Reliability of the informant is often shown by the informant’s track record of providing information that has led to charges and convictions in other cases. If, however, basis of knowledge and reliability are lacking in a particular case, the police may make up for any deficiencies with their own observations that corroborate an informant’s statements.

What is important when charged with a drug offense after the police execute a search warrant for the residence is not to panic, and to contact a Worcester Criminal Defense Attorney with experience handling drug offenses.

For more information, contact Attorney Surrette at the link below:

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