Bill > S1098

This bill establishes strict legal protections against warrantless searches of private property by government agents in Massachusetts, requiring a warrant issued by a judge or magistrate supported by probable cause before entering a home or private land, with only limited exceptions. These exceptions include obtaining explicit permission from the property owner, responding to life-threatening emergencies, preventing imminent unlawful wildlife killing, or dispatching critically injured wildlife. The bill defines key terms like "government agent" (including local, state, and federal officials), "home" (private residences and surrounding property), and "probable cause" (facts warranting reasonable belief of an offense). If a government agent enters private property without a valid warrant or exception, any evidence obtained becomes inadmissible in administrative, civil, or criminal proceedings, and any resulting arrest is considered invalid. Additionally, the bill mandates that agents with body cameras must record their entire interaction and provides legal recourse for property owners, allowing them to pursue actions seeking declaratory relief, injunctive relief, compensatory and nominal damages, and attorney's fees if their rights are violated. The legislation aims to strengthen Fourth Amendment protections against unreasonable searches by creating clear, enforceable standards for government agents' property access.

Justice

https://malegislature.gov/Bills/194/S1098