Thursday, March 11, 2010

A Search and Seizure Victory

We’re proud to announce a victory today! The ACLU of Massachusetts, acting as Amicus, was instrumental in protecting the basic rights of a resident of a homeless shelter.

From our press release:

“Residents of homeless shelters must be protected against unreasonable searches and seizures under a ruling issued today by the Supreme Judicial Court of Massachusetts, in which the ACLU of Massachusetts filed a friend of the court brief. The case, Commonwealth v. Porter P., affirms that constitutional protections against unreasonable searches and seizures apply to residents of homeless shelters, just as they do to renters or students in dormitories.”

The case in question involved a minor who was living with his mother at a shelter. Police – who had no warrant – searched the room without consent.

From John Reinstein, our Legal Director here at the ACLU of Massachusetts:

"Although transitional, the Court concluded that the room at the shelter was the family's home and therefore entitled to the full protection of the state constitution. And, while recognizing that the shelter manager retained the right to enter the room to inspect the premises, she could not consent to a police search. That, the Court found, could only be done with a warrant.”

Today’s win is something to be proud of, as it sounds a definitive message about equality loud and clear: People who live in shelters are just as deserving of their constitutional rights as anyone else.

Click here to see the full legal decision.

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