{"id":217,"date":"2014-01-25T05:25:13","date_gmt":"2014-01-25T05:25:13","guid":{"rendered":"http:\/\/www.massachusettscriminaldefenselawyerblog.com\/2014\/01\/supreme-judicial-court-upholds-1.html"},"modified":"2014-01-25T05:25:13","modified_gmt":"2014-01-25T05:25:13","slug":"supreme-judicial-court-upholds-1","status":"publish","type":"post","link":"https:\/\/www.delsignoredefense.com\/blog\/supreme-judicial-court-upholds-1\/","title":{"rendered":"Massachusetts SJC holds that police have no right to forcefully enter a home to execute an arrest warrant without concrete evidence that the arrestee is home"},"content":{"rendered":"

Police officers often obtain evidence during the execution of an arrest warrant, but a Massachusetts criminal defense attorney<\/a> can ask the court to exclude this evidence if it was obtained unlawfully or in violation of the defendant’s rights. That’s because the manner and circumstances in which an officer could forcefully enter a home to make the arrest are heavily regulated by the courts. The state’s high court in Commonwealth v. Gentile<\/u><\/a> limited police power even further when it held that police officers did not have authority to forcefully enter a home to execute an arrest warrant if they had no concrete evidence that the arrestee was home at the time. <\/p>\n

In the matter of Commonwealth v. Gentile<\/u>, police officers forcefully entered the residence of Gentile in an effort to execute two outstanding arrest warrants against him. When the officers first approached the residence, Gentile was nowhere in sight, and a lady with her daughter answered the door. When asked whether defendant was at home, the lady replied that he was not. <\/p>\n

The officer at the door alleged that the lady looked at the bedroom at the end of the house and appeared nervous when she was asked about Gentile. Based on these observations, the officer forcefully entered the residence and search the bedroom at the back of the house for Gentile. Gentile was found in the bedroom, near an antique musket that was left in plain view. The officers arrested Gentile and subsequently discovered several other firearms in the bedroom. <\/p>\n

Continue Reading \u203a<\/a><\/div>\n","protected":false},"excerpt":{"rendered":"

Police officers often obtain evidence during the execution of an arrest warrant, but a Massachusetts criminal defense attorney can ask the court to exclude this evidence if it was obtained unlawfully or in violation of the defendant’s rights. That’s because the manner and circumstances in which an officer could forcefully enter a home to make […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[],"class_list":["post-217","post","type-post","status-publish","format-standard","hentry","category-gun-offenses"],"yoast_head":"\nMassachusetts SJC holds that police have no right to forcefully enter a home to execute an arrest warrant without concrete evidence that the arrestee is home — Massachusetts Criminal Defense Lawyer Blog — January 25, 2014<\/title>\n<meta name=\"description\" content=\"Police officers often obtain evidence during the execution of an arrest warrant, but a Massachusetts criminal defense attorney can ask the court to — January 25, 2014\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" 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