Search Warrant for the Person of “John Doe.” Is it Lawful?

by | Jun 22, 2015 | Constitutional Rights, Drugs, Due Process Rights, Guns, Search & Seizure |

The Police are conducting a drug investigation.  They believe “John Doe” is selling drugs from his residence.  In an affidavit in support of a search warrant for “John Doe’s” residence, they state they have conducted multiple controlled buys of drugs from “John Doe,” typically using an unnamed confidential informant.  In addition, they will often seek a search warrant for the person of “John Doe” anywhere, anytime he is located in the Commonwealth of Massachusetts.  The search warrants issue.  Though the Police have a search warrant for the residence, they will wait for an opportune time to execute the search warrants.  Often, they will wait until they observe “John Doe” driving outside his residence, stop his car and perform a search of “John Doe’s” person.  Many times, contraband or weapons are seized as a result of the stop of his vehicle.

This is a familiar scenario in the Boston area.  A skilled Massachusetts Criminal Defense Attorney will pay careful attention to the affidavit in support of the search warrant for the person of “John Doe.”  Under the Federal and State Constitutions, no warrant shall issue but upon a finding of probable cause issued by a neutral and detached magistrate.  One requirement in the determination of probable cause is to establish the items sought in the search warrant are going to be in the location to be searched at the time the search warrant is executed.  This element is referred to as the nexus.

Probable cause to believe a person is guilty of a crime does not necessarily establish probable cause to search a particular person or place.  All too often, police and prosecutors believe the sale of drugs inside a home establishes probable cause to search the person of the seller outside the home.  A skilled Massachusetts Criminal Defense Attorney will analyze the facts set forth in the affidavit in support of the search warrant to challenge the search for the person of “John Doe.”

MASSACHUSETTS DRUG SUPPRESSION LAWYER

Boston, MA Criminal Defense Attorney Jeff Miller has represented individuals charged with all types of drug and weapons crimes.  CLICK HERE to read about cases where Attorney Jeff Miller has been successful challenging the seizure of drugs or firearms.  If you have been charged with a drug or firearm offense, contact Massachusetts Criminal Defense Attorney Jeff Miller to schedule an appointment at 617-482-5799.