Legal Question in Criminal Law in Massachusetts

Search and Seizure
On a warrent served to my father to search the house and seize any and all evidence relevant to the case that the state was building against him, the judge who issued the warrant checked a box stating that the warrant cannot be executed any time during the night. Absoulte sundown was at 7:39pm, the warrant was signed at the station by the detective at 7:34pm. What time is considered night in this state? And can the detective sign the warrant before it was presented to my father?

Asked on 10/22/02, 6:38 pm

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

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Re: Search and Seizure

It is unclear when the warrant was executed.

Answered on 10/22/02, 6:55 pm

J. Whitfield Larrabee J. Whitfield Larrabee

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Re: Search and Seizure

In COMMONWEALTH vs. ERIC W. GRIMSHAW,

413 Mass. 73 (1992), Massachusetts

Supreme Judicial Court announced that

for warrant purposes, nighttime begins

at 10 P.M. and ends at 6 A.M.. Thus,

if a warrant is executed within these

time frames, and no nighttime search

was authorized, defense counsel should

argue that the search exceeded the

scope of the warrant.

J. Whitfield Larrabee

617-566-3670

Answered on 10/23/02, 9:48 am

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