Legal Question in Criminal Law in Massachusetts

If the police got a search warrant to search the house because they believed the probale cause is because i had a large amount of heroinin the house and they did the search and found none will that make the warrant invalid?

If that makes it invalid did they have probale cause to then me pull over? when probale cause to pull me over was the thought of large amounts of heroin in the house?


Asked on 8/28/09, 1:09 pm

3 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

they may have had;

That they found nothing does not on its own negate this.

There a number of reasons why the cops could have had legal standing to pull you over.

You are thinking backwards in time; that is not always a correct analysis.

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Answered on 9/02/09, 1:26 pm
William Harrington Law Office of William T. Harrington

That they did not find anything in your house does not make the search of your house invalid. However, if, subsequently to the search of your house, the police pulled you over on the basis of the same information that supported the warranted, the fact that the police did not find anything during the house search is to be factored in by the police. The question is, did the police have probable cause to pull you over to search you, based on all the information in the search warrant application and the fact that no drugs were found in the drug search. This, obvioulsy depends on the specific facts of the case. Have you been charged with anything? Did the police find anything during the search when you were pulled over. If you have any interest in discussing, please call me.

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Answered on 9/02/09, 3:29 pm
ERNEST BIANDO LAW OFFICE OF ERNEST T. BIANDO, LLC

A warrant is "issued" based on probable cause-just because nothing was found does not in and of itself invalidate the warrant. However, the motor vehicle stop may be in question depending on the circumstances. You need to consult with an attorney so that the facts can be reviewed and a decision made as to your case. Feel free to contact the office at 774-745-0562 for a discussion.

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Answered on 9/03/09, 10:08 am


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