In Lunn v. Commonwealth, SJC 12276, (2017), it was held that Mass. law does not allow court officials to hold an individual solely on the basis of a civil immigration detainer, beyond the time the individual would be entitled to be released from state custody. For example:
- If you post bail on your state case;
- Are subject to a civil immigration detainer;
- You should be released by state officials.
State officials have no authority to hold individuals on civil immigration detainers in such circumstances. Contact Shane W. Surrette, Criminal Lawyer Massachsuetts today at (774) 364-4605 or at [email protected].
The police may enter a private residence in Massachusetts without a warrant if they satisfy the emergency aid exception. Under the emergency aid exception, the police must:
- Have an objectively reasonable basis to believe there is someone inside who is injured or in imminent danger of physical harm; &
- Also engage in conduct that is reasonable under the circumstances.
Commonwealth v. Martin, 15-P-403 (2017). If you or someone you know is charged with a crime after a search of a private residence, contact a Criminal Lawyer that can assist you. Contact Worcester Criminal Lawyer Shane W. Surrette today at (774) 364-4605 or at [email protected].