Legal Question in Criminal Law in Massachusetts

I have had a controlled delivery done to me recently for a Class C substance. Everything I have read indicates their warrant has to be conditional on someone signing for the package. However this package was received by my roommate, not me, and when I looked at their warrant, it did not state anything conditional on it. Secondly, the controlled delivery took place at night and their warrant explicitly stated that it may NOT be done at any time during the night (the box for 'may be done anytime at night' was checked to NO).

My questions are as follows given I am in Massachusetts

1. Do I have any protections given that I did not personally sign for the packages? The officers claimed to have found additional substances in my house and in my car after they searched the premises. Would it be easy/difficult to suppress this given that I did not sign for the package. How 'valid' is a warrant issued by a judge that isn't conditional on any packages being signed by me.

2. Do I have any protection (change of dismissal/suppression) given that the warrant clearly states may NOT be done at anytime during the night (but does not state hours clearly). It just says 'NO' to 'may be done anytime at night'.

Asked on 8/19/13, 4:07 pm

1 Answer from Attorneys

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

there are too many issues and factors which cannot be briefly answered.

The police do have a certain latitude. That your roommate signed is not fatal to their case

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Answered on 8/28/13, 7:48 am

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