Does a target of search warrent have to be present during the search?

Asked on March 7, 2015 under Criminal Law, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The police need to be given access to the premises to search it.  When you ask if you have to be present can I interpret that as can another person give them access to the property if you are not there?  Anyone with control over the property can consent and even other occupants.  You can object to their consent but you have to be present to do so. If you think that a search was illegal then please seek legal help asap. 


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