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S 1098

An Act protecting real property from warrantless searches

194th Legislature (2025-2026) Introduced by Ryan Fattman

Massachusetts bill requiring law enforcement to obtain warrants before searching real property, strengthening Fourth Amendment protections at state level.

Hearing scheduled for 06/03/2025 from 01:00 PM-09:00 PM in A-2
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Bill Summary · S 1098

Legislative bill overview

S 1098 establishes legal protections requiring law enforcement to obtain a warrant before conducting searches of real property in Massachusetts. The bill clarifies and reinforces Fourth Amendment protections at the state level, setting specific procedural requirements for property searches.

Why is this important

This bill addresses a gap between constitutional protections and enforcement practices by codifying warrant requirements into state law. It provides citizens with explicit statutory protections beyond relying solely on constitutional interpretation, and establishes clear standards that law enforcement must follow when investigating property-related matters.

Potential points of contention

  • Law enforcement concerns: Police may argue the bill creates operational obstacles in emergency situations, time-sensitive investigations, or situations where obtaining a warrant is impractical
  • Scope and definitions: Questions about what constitutes "real property" searches, whether the bill covers curtilage (grounds immediately surrounding a home), outbuildings, or aerial surveillance
  • Exception carve-outs: Debate over what exceptions should exist (consent searches, exigent circumstances, plain view doctrine) and whether they're narrowly or broadly defined

Compiled from official sources — confirm details with the bill’s official record.

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