BSW — Benzaken, Sheehan & Wood, LLP
HomeContact Us
BlogAttorneysRequest Consultation
Legal Help

Top 10 Things Massachusetts Police Don't Want You to Know.

As a Massachusetts lawyer, I've seen firsthand how law enforcement relies on the public's lack of knowledge about their rights. Whether you're stopped for a traffic violation, questioned as part of an investigation, or even placed under arrest, knowing your rights can mean the difference between protecting yourself and making a costly mistake.

Massachusetts law offers important legal protections, but police officers don't always explain them fully — and sometimes, they might try to convince you that you have fewer rights than you actually do.

Right № 01

You Have the Right to Remain Silent — Use It

Under Article 12 of the Massachusetts Declaration of Rights and the Fifth Amendment to the U.S. Constitution, you do not have to answer police questions beyond identifying yourself in certain situations.

Why Massachusetts Police Don't Want You to Know This

  • Anything you say can and will be used against you.
  • Police use casual conversation to get information that could be incriminating.
  • Remaining silent makes their job harder.

What to Do

Say clearly: "I am invoking my right to remain silent and I want to speak to a lawyer." Then stop talking.

Right № 02

You Don't Have to Consent to a Search — Make Them Get a Warrant

In Massachusetts, police cannot search your home, car, or belongings without a warrant, probable cause, or your consent.

Why Massachusetts Police Don't Want You to Know This

  • They often phrase requests like demands: "I need to take a look inside."
  • If you consent to a search, you waive your right to challenge it later.
  • Refusing forces them to follow proper legal procedures.

What to Do

Say, "I do not consent to any searches." If they search anyway, do not resist physically — but make it clear that you do not consent.

Right № 03

You Can Legally Record the Police — They Can't Stop You

Massachusetts law allows you to openly record police officers in public. However, secretly recording audio could violate Massachusetts' two-party consent law (MGL c. 272, § 99).

Why Police Don't Want You to Know This

  • A recording can contradict their reports or prove misconduct.
  • Some officers might try to intimidate you into stopping.

What to Do

Hold your phone where it is visible while recording. If police try to stop you, calmly state: "I have the right to record in public."

Right № 04

Police Can — and Will — Lie to You

Massachusetts law does not prohibit police from lying to suspects during interrogations. They can say: "We have witnesses who saw you." "Your friend already confessed." "We can go easier on you if you just tell us what happened."

Why Police Don't Want You to Know This

  • They rely on deception to extract confessions.
  • If you believe their lies, you may say something incriminating.

What to Do

Never assume the police are telling the truth. Instead, say: "I will not speak without my attorney present."

Right № 05

You Can Refuse a Field Sobriety Test

If you're pulled over for an OUI (Operating Under the Influence) in Massachusetts, you are not legally required to take field sobriety tests (like walking a straight line).

Why Police Don't Want You to Know This

  • These tests are highly subjective and often lead to arrests.
  • Even sober people can fail due to nervousness, medical conditions, or poor balance.

What to Do

Say: "I respectfully decline to take any field sobriety tests."

Warning: Refusing a breathalyzer (chemical test) in Massachusetts results in an automatic license suspension under the implied consent law (MGL c. 90, § 24).

Right № 06

You Do Not Have to Open Your Door to Police Without a Warrant

If police come to your home, you do not have to let them in unless they present a valid warrant.

Why Police Don't Want You to Know This

  • If you open the door, they might claim they saw or smelled something suspicious.
  • They might try to pressure you into allowing a search.

What to Do

Ask through the door, "Do you have a warrant?" If they say no, tell them you will not open the door.

Right № 07

You Have the Right to an Attorney — Always Ask for One

Massachusetts police must stop questioning you once you invoke your Sixth Amendment right to an attorney.

Why Police Don't Want You to Know This

  • People who ask for a lawyer are harder to manipulate.
  • Many people mistakenly think asking for a lawyer makes them look guilty — it doesn't.

What to Do

Say: "I want to speak to a lawyer." Then say nothing else until your lawyer is present.

Right № 08

Police Cannot Track Your Phone Without a Warrant

Massachusetts police must get a warrant to track your phone's real-time or historical location data.

Why Massachusetts Police Don't Want You to Know This

  • Many people don't realize they can refuse to hand over their phones.
  • Police sometimes ask for "voluntary" access to your phone instead of getting a warrant.

What to Do

Say: "I do not consent to any searches of my phone. Do you have a warrant?"

Right № 09

Police Can't Extend a Traffic Stop Without Reasonable Suspicion

Under Commonwealth v. Cordero (2016), Massachusetts police cannot prolong a traffic stop beyond its original purpose unless they have reasonable suspicion of a crime.

Why Massachusetts Police Don't Want You to Know This

  • Officers often try to pressure drivers into answering more questions.
  • They may stall, hoping to find a reason to search your car.

What to Do

Ask: "Am I free to go?" If they say no, ask: "Am I being detained?"

Right № 10

Fear and Compliance Are Police Tactics — Don't Fall for Them

Police rely on intimidation, urgency, and authority to get people to comply with their requests — even when they have no legal basis to demand compliance.

Why Massachusetts Police Don't Want You to Know This

  • The more confident you are in asserting your rights, the less power they have over you.
  • If people knew their rights, fewer cases would end in unnecessary arrests.

What to Do

Stay calm and polite — but firm. Know and assert your rights. Record interactions when possible.

Protect Yourself

Massachusetts law gives you strong legal protections — but they only work if you use them.

  • Know your rights.
  • Stay calm and assertive.
  • Never waive your right to remain silent or to an attorney.

If you're facing police questioning or criminal charges, don't go it alone — contact an experienced Massachusetts criminal defense attorney immediately. Your rights matter. Protect them.

Speak with an attorney
Contact Us

Real attorneys.
One call away.

Your Team

When the call comes in, you speak with a partner not a screener. Every consultation is confidential, and we respond to every inquiry, typically within hours.

Office
1342 Belmont Street, Suite 102
Brockton, MA 02301
Hours
Monday – Friday, 9:00 – 6:00
After-hours by appointment

Request a consultation

All fields required. Your information stays with the firm.

Submitting this form does not create an attorney-client relationship. Do not include sensitive information until a relationship is established.