The Massachusetts Supreme Judicial Court will apply a four factor test to determine whether or not a side yard is a constitutionally protected area within the multifamily and apartment context. This applies to whether or not the police will need a search warrant or exigent circumstances before searching those particular locations. The four factors include:
- proximity of the location to the home;
- whether the area is included within an enclosure surrounding the home;
- the nature of the uses to which the area is put;
- the steps taken by the resident to protect the area from observation by people passing by.
Commonwealth v. Leslie, SJC 12176 (2017). If you or someone you know is charged with a criminal offense, contact Criminal Defense Attorney Massachusetts Shane W. Surrette today at (774) 364-4605 or at [email protected].