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Criminal procedure

admissible evidence

For evidence to be admissible in a criminal prosecution it generally must have been obtained legally—with a search warrant, or based on an exception to the search warrant requirement, such as consent to search—and be relevant and reliable.

In Massachusetts, as in other states, evidence must be obtained legally to be admissible in a criminal prosecution. This means that law enforcement officers typically need to obtain a search warrant before conducting a search that would intrude on an individual's reasonable expectation of privacy. The warrant must be based on probable cause and issued by a neutral magistrate. However, there are several exceptions to the search warrant requirement, such as when an individual gives consent to a search, when evidence is in plain view, during exigent circumstances, incident to a lawful arrest, or when the search falls under the automobile exception. Additionally, the evidence must be relevant to the case, meaning it has a tendency to make a fact more or less probable than it would be without the evidence, and it must be reliable, with a clear chain of custody and not tampered with. If evidence is obtained in violation of these principles, it may be excluded from trial under the exclusionary rule, which is designed to deter police misconduct and protect constitutional rights.

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Criminal procedure

admissible evidence

Individual & Family Legal Plan

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Massachusetts State Code

Massachusetts State Code

Criminal procedure

admissible evidence

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