Massachusetts Constitution, Articles 22. Search and seizure
Here is the summary and full text of Article 14 (not Article 22) from the Massachusetts Constitution – Declaration of Rights, which addresses Search and Seizure. There is no Article 22 in the Declaration of Rights related to search and seizure; the correct article is:
Massachusetts Constitution – Declaration of Rights
Article 14 – Protection Against Unreasonable Searches and Seizures
Full Text of Article 14:
"Every subject has a right to be secure from all unreasonable searches, and seizures, of his person, his houses, his papers, and all his possessions. All warrants, therefore, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation; and if the order in the warrant to a civil officer, to make search in suspected places, or to arrest one or more suspected persons, or to seize their property, be not accompanied with a special designation of the persons or objects of search, arrest, or seizure: and no warrant ought to be issued but in cases, and with the formalities, prescribed by the laws."
Summary and Key Points:
Right to Privacy and Security:
Individuals have the right to be secure from unreasonable searches and seizures of their persons, homes, papers, and possessions.
Warrant Requirements:
A warrant must:
Be based on probable cause, supported by oath or affirmation.
Specifically describe the place to be searched and the persons or items to be seized.
Comply with procedures set by law.
Limitation on Government Power:
Warrants that are too vague or lack proper justification are unconstitutional under Massachusetts law.
Relation to the U.S. Constitution:
Article 14 closely mirrors the Fourth Amendment to the U.S. Constitution.
It is often cited in Massachusetts court cases to evaluate the legality of police searches, arrests, or surveillance.
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