Mass. Gen. Laws ch. 276 § 2B

Current through Chapter 67 of the 2024 Legislative Session

Section 276:2B - Affidavit in support of application for warrant; contents and form

A person seeking a search warrant shall appear personally or through wire or electronic means before a court or justice authorized to issue search warrants in criminal cases and shall give an affidavit in substantially the form hereinafter prescribed. Such affidavit shall contain the facts, information, and circumstances upon which such person relies to establish sufficient grounds for the issuance of the warrant. The person issuing the warrant shall retain the affidavit and shall deliver it within three days after the issuance of the warrant to the court to which the warrant is returnable. Upon the return of said warrant, the affidavit shall be attached to it and shall be filed therewith, and it shall not be a public document until the warrant is returned.

The affidavit in support of the application for a search warrant shall be in substantially the following form and the signature therein be made by electronic signature:

THE COMMONWEALTH OF MASSACHUSETTS.

(COUNTY), ss.(NAME) COURT.

...., (insert year).

I, (name of applicant) being duly sworn, depose and say:

1. I am (describe position, assignment, office, etc.).

2. I have information, based upon (describe source, facts indicating reliability of source and nature of information; if based on personal knowledge and belief, so state).

3. Based upon the foregoing reliable information (and upon my personal knowledge) there is probable cause to believe that the property hereinafter described (has been stolen, or is being concealed, etc.) and may be found (in the possession of A. B. or any other person) at premises (identify).

4. The property for which I seek the issuance of a search warrant is the following: (here describe the property as particularly as possible).

Wherefore, I respectfully request that the court issue a warrant and order of seizure, authorizing the search of (identify premises and the persons to be searched) and directing that if such property or evidence or any part thereof be found that it be seized and brought before the court; together with such other and further relief that the court may deem proper.

.......... Name.

Then personally appeared the above named ________________ and made oath that the foregoing affidavit by him subscribed is true.

Before me this _____ day of ___________, (insert year).

Justice or Special Justice, Clerk or Assistant Clerk of the __________ Court.

Mass. Gen. Laws ch. 276, § 2B

Amended by Acts 2022, c. 175,§§ 49B, 49C eff. 11/8/2022, app. to estates of homestead arising or created before, on or after the effective date, except with respect to subject matter of any final judgment to the contrary by court of competent jurisdiction in an action commenced prior to said effective date.