Massachusetts General Laws
Mass. Gen. Laws ch. 275, § 3 (2026)
Warrant to apprehend accused
✓ current as of July 2026
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Section 3. If, upon such examination, it is found there is just cause to fear that such crime may be committed, such court or justice shall issue a warrant, reciting the substance of the complaint, and requiring the officer to whom it is directed forthwith to apprehend the person complained of and take him before such justice or some other justice or court having jurisdiction of the cause. Such warrant, if issued by a justice, shall be under his hand.
Notes of Decisions
Cited in 2
cases, 1981–2007 · leading case: Commonwealth v. Kerns, 871 N.E.2d 433 (Mass. 2007).
Commonwealth v. Kerns, 871 N.E.2d 433 (Mass. 2007). “Rather, G. L. c. 275, § 3, provides that a warrant for that offense may issue only after a complaint is filed by the person threatened, and then only after a judge (or magistrate) examines the sworn testimony of the complainant, and any witnesses, and determines that there is…”
Commonwealth v. Daly, 424 N.E.2d 1138 (Mass. App. Ct. 1981). “275, § 2, because specific provisions relating to arrest warrants appear in the section immediately following, G. L. c. 275, § 3. (We do not imply, we hasten to add, that the provisions relating to arrest which appear in § 3, which are nowise inconsistent with the rules of…”
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