Submitted by Anonymous on Tue, 02/15/2011 - 13:30
Does a religious minister have different protections from search and seizure than a non-minister? I heard that in order for a minister's home to be searched, a more specified warrant is needed. Thank you for your help!
Minister's Protections
The 4th amendment and Article 14 of the Massachusetts Declaration of Rights applies equally to everyone, minister or not. I think that’s why Lady Justice wears that blindfold. Massachusetts law recognizes a priest-penitent privilege, whereby priest-penitent communications are protected. However, that’s the only “additional protection” that might apply.
Attorney Brian E. Simoneau
http://wwww.massduidefender.com/
Minister's Protections
In addition to the information relayed by Attorney Simoneau, General Laws ch. 276 Section 1 provides in pertinent part that "Notwithstanding the foregoing provisions of this section, no search and seizure without a warrant shall be conducted, and no search warrant shall issue for any documentary evidence in the possession of a lawyer, psychotherapist, or a clergyman, including an accredited Christian Science practitioner, who is known or may reasonably be assumed to have a relationship with any other person which relationship is the subject of a testimonial privilege, unless, in addition to the other requirements of this section, a justice is satisfied that there is probable cause to believe that the documentary evidence will be destroyed, secreted, or lost in the event a search warrant does not issue."
Howver, the next sentence states, "Nothing in this paragraph shall impair or affect the ability, pursuant to otherwise applicable law, to search or seize without a warrant or to issue a warrant for the search or seizure of any documentary evidence where there is probable cause to believe that the lawyer, psychotherapist, or clergyman in possession of such documentary evidence has committed, is committing, or is about to commit a crime."
DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues. This is not intended to constitute legal advertising or solicitation, but rather to educate.
Priest penitent privilege in Massachusetts
Follow this link for more general information about the priest-penitent privilege in Massachusetts, or see MGL Chapter 233, Section 20A. And for information on how the priest-penitent privilege may be modified in cases of child abuse, see Massachusetts General Laws Chapter 119, Section 51A which states, in relevant part:
(j) Any privilege relating to confidential communications, established by sections 135 to 135B, inclusive, of chapter 112 or by sections 20A and 20B of chapter 233, shall not prohibit the filing of a report under this section or a care and protection petition under section 24, except that a priest, rabbi, clergy member, ordained or licensed minister, leader of a church or religious body or accredited Christian Science practitioner need not report information solely gained in a confession or similarly confidential communication in other religious faiths. Nothing in the general laws shall modify or limit the duty of a priest, rabbi, clergy member, ordained or licensed minister, leader of a church or religious body or accredited Christian Science practitioner to report suspected child abuse or neglect under this section when the priest, rabbi, clergy member, ordained or licensed minister, leader of a church or religious body or accredited Christian Science practitioner is acting in some other capacity that would otherwise make him a mandated reporter.