Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1098 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 2564 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1098
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Ryan C. Fattman
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act protecting real property from warrantless searches.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Ryan C. FattmanWorcester and Hampden 1 of 3
16	16	SENATE DOCKET, NO. 2564 FILED ON: 1/17/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1098
18	18	By Mr. Fattman, a petition (accompanied by bill, Senate, No. 1098) of Ryan C. Fattman for
19	19	legislation relative to state officials to obtain a warrant before entering any private property. The
20	20	Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act protecting real property from warrantless searches.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 184 of the General Laws, as appearing in the 2022 Official Edition,
30	30	2is hereby amended by inserting the following new section:-
31	31	3 Section 36. Warrantless Searches
32	32	4 Section 36. (a) As used in this section, the following words shall, unless the context
33	33	5clearly states otherwise, have the following meanings:-
34	34	6 “Government agent” any local, state, or federal official who is employed or contracted by
35	35	7government in this state, including any peace officer, inspector, and wildlife official.
36	36	8 “Home” any private residence that is owned, leased, used or occupied, including the
37	37	9curtilage surrounding the residence.
38	38	10 “Private land” land that is owned, leased, used, or occupied by a natural person or a non-
39	39	11government entity, including all such lands that would otherwise be considered “open fields.” 2 of 3
40	40	12 “Probable cause” the presence of facts and circumstances within the government agent’s
41	41	13knowledge that would warrant a person of reasonable caution to believe that an offense has been
42	42	14or is being committed. The possession, discharge, or use, by itself, of one or more items that are
43	43	15legal to possess does not constitute probable cause for a government agent to enter a home or
44	44	16private land.
45	45	17 “Warrant” a court order that is supported by individualized probable cause and executed
46	46	18by a magistrate or judge.
47	47	19 (b) No government agent shall enter a home or private land without a warrant except:
48	48	20 (i) After receiving the permission of the property owner, lessee, or occupant;
49	49	21 (ii) To respond to a life-threatening emergency or another immediate threat to public
50	50	22safety that was either reported to the agent or the agent personally observed
51	51	23 (iii) To prevent the imminent unlawful killing of wildlife or the destruction of evidence of
52	52	24such unlawful killing where the agent has probable cause to believe either is about to occur; or
53	53	25 (iv) To dispatch crippled or distressed wildlife the agent has personally observed.
54	54	26 Upon entering private land, the government agent shall immediately notify the
55	55	27landowner, lessee, or occupant if notice can be reasonably made. Unless entering under an
56	56	28exception in this subsection, a government agent shall show the warrant to the property owner,
57	57	29lessee, or occupant if they are present. If a government agent is equipped with a body-mounted
58	58	30camera while entering a home or private land, the camera must be activated and recording the
59	59	31entire time the agent is on the property. If a government agent enters private land pursuant to
60	60	32clause (iv) of this subsection, the agent shall produce, upon the request of the landowner, lessee, 3 of 3
61	61	33or lawful occupant, an image or other photo or video evidence of the wildlife dispatched by the
62	62	34agent. A government agent shall not seize any private property, including currency, vehicles,
63	63	35weapons, tools, or wild game, from a home or private land unless: (i) the agent first acquires a
64	64	36warrant authorizing the seizure, or (ii) the agent has entered the home or private land with
65	65	37consent or under exigent circumstances and has individualized probable cause of the commission
66	66	38of a criminal offense.
67	67	39 (c) Any evidence obtained pursuant to a search or seizure conducted in violation of this
68	68	40section is inadmissible in any administrative, civil, or criminal proceeding. Any arrest made
69	69	41pursuant to a search or seizure conducted in violation of this section is invalid. If a government
70	70	42agent searches or enters a home or private land in violation of this section, a person who believes
71	71	43their rights have been violated may pursue an action under sections 11H through 11J, inclusive,
72	72	44of chapter 12 of the General Laws. In an action under subsection (b), a prevailing plaintiff may
73	73	45recover declaratory relief, injunctive relief, compensatory damages, nominal damages, and
74	74	46attorney’s fees.
75	75	47 SECTION 2. This act shall take effect upon its passage.