Search & Seizure

Search & Seizure Law

The Fourth Amendment to the U.S. Constitution and Article 14 of the Massachusetts Declaration of Rights protects all citizens from unlawful and unwarranted searches and seizures.  This means that law enforcement officials are prohibited from conducting a search and seizure of your body, home, or property unless:

  1.  They have probable cause to believe an illegal activity is occurring, or
  2. They have a court-issued search warrant  

If a police officer, state trooper, or a state or federal law enforcement official searches your property without a valid search warrant or without probable cause, any evidence he/she collects cannot be used against you in court.

If you have been arrested after a law enforcement official conducted a search and seizure of your home, body, or property, and you were consequently arrested, it’s important to contact an experienced Boston criminal defense lawyer as soon as possible. In these types of situations time is of the essence! Massachusetts criminal defense attorney Stephen Neyman will review your case and immediately begin investigating the actions leading up to your arrest. If he suspects the police or investigative agency acted illegally or unlawfully in searching you or your property he will bring it to the attention of the judge, and argue to have the evidence dismissed from court. 

Motions to Suppress: The Best Weapon You Have to Attack an Illegal Search and Seizure in Massachusetts

Any experienced criminal defense lawyer will tell you that there is not better tool for attacking the district attorney’s case than through a motion to suppress evidence. Anytime there is a stop, or a search, or a seizure that first thing that we think of is the legality of the police action. If the search was conducted pursuant to a search warrant we find ways to attack the affidavit that was filed to obtain the search warrant. If there was no warrant we look to see if one should have been applied for. We will visit the scene to determine if the representations of the police officer are supported by the surrounding environment; i.e. could he really have seen what he says he saw or was he in fact lying and conducting his search improperly? Successful motions to suppress result in the exclusion of evidence. Usually, without that evidence the district attorney cannot proceed with his case. In other words, the case will get dismissed.

Contact Boston, Massachusetts Criminal Defense Attorney

The right you have against unlawful searches and seizures should never be violated! If state or federal law enforcement officials have violated your constitutional rights, Attorney Stephen Neyman will stand up for your rights and vigorously defend you in court. Mr. Neyman is has over 20 years of experience handling cases involving search and seizure law, and has successfully defended countless clients with cases of this nature throughout his career. As a highly skilled and experienced Boston criminal defense attorney, Mr. Neyman will aggressively contest any evidence submitted by the prosecution that was obtained during an unlawful search and seizure.  Mr. Neyman is 100% committed to protecting your rights, fighting your charges, and helping you win your case!

If you require the services of an experienced, dependable, and knowledgeable Boston, Massachusetts Criminal Defense Lawyer with a thorough understanding of state and federal search and seizure laws, please contact the Law Offices of Stephen Neyman for a free consultation at (617) 263-6800 or contact us online.