Massachusetts General Laws
Mass. Gen. Laws ch. 138, § 43 (2026)
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✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Section 43. A warrant shall not be issued for the search of a dwelling house, if no inn, tavern, store, grocery, eating house or place of common resort is kept therein, unless one of the complainants makes oath that he has evidence that such alcoholic beverages have been sold therein or taken therefrom for the purpose of being sold by the occupant, or by his consent, or permission, contrary to law, within one month next before making such complaint, and are then kept therein for sale contrary to law by the person complained against. Such complainant shall state the facts and circumstances which constitute such evidence, and such allegations shall be recited in the complaint and warrant.
Notes of Decisions
Cited in 2
cases, 1927–1988 · leading case: Pastens Wine & Spirits Co. v. Alcoholic Beverages Control Comm'n, 518 N.E.2d 841 (Mass. 1988).
Pastens Wine & Spirits Co. v. Alcoholic Beverages Control Comm'n, 518 N.E.2d 841 (Mass. 1988). “within such thirty day period”); G. L. c. 138, § 43 (evidence of unlawful sale “within one month”); G.”
Graton v. City of Cambridge, 156 N.E. 431 (Mass. 1927). “G. L. c. 138, § 43 (St. 1923, c. 291), Intoxicating liquors.”
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