Massachusetts General Laws

Mass. Gen. Laws ch. 276, § 2 (2026)

Requisites of warrant

✓ current as of July 2026
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Section 2. Search warrants shall designate and describe the building, house, place, vessel or vehicle to be searched and shall particularly describe the property or articles to be searched for. They shall be substantially in the form prescribed in section two A of this chapter and shall be directed to the sheriff or his deputy or to a constable or police officer, commanding him to search in the daytime, or if the warrant so directs, in the nighttime, the building, house, place, vessel or vehicle where the property or articles for which he is required to search are believed to be concealed, and to bring such property or articles when found, and the persons in whose possession they are found, before a court having jurisdiction.

Notes of Decisions
Cited in 61 cases (5 in the last 5 years), 1967–2026 · leading case: Commonwealth v. Valerio, 870 N.E.2d 46 (Mass. 2007).
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Commonwealth v. Valerio, 870 N.E.2d 46 (Mass. 2007). · cites it 11× “We conclude that the evidence should not be suppressed. Our conclusion follows from established principles concerning a search warrant’s requisite particularity, as set forth in the Fourth Amendment to the United States Constitution, art.”
Commonwealth v. Sbordone, 68 A.L.R. 5th 801 (Mass. 1997). · cites it 7× “14 of the Massachusetts Declaration of Rights and G. L. c. 276, § 2. 1 The defendant, Gary Sbordone, is a chiropractor who has been indicted on fifty-eight indictments, twelve charging larceny, nine charging attempted larceny, thirty-six charging insurance fraud, and one…”
Commonwealth v. Sheppard, 441 N.E.2d 725 (Mass. 1982). · cites it 10× “14 of the Declaration of Rights of the Constitution of the Commonwealth; [2] and G.L.c. 276, § 2. [3] We conclude that, solely on the basis of the opinions of the Supreme Court of the United States, the exclusionary rule requires the suppression of the evidence seized pursuant…”
Commonwealth v. Sheppard, 476 N.E.2d 541 (Mass. 1985). · cites it 8× “14 of the Declaration of Rights of the Constitution of the Commonwealth and G.L.c. 276, § 2, the evidence obtained as a result of that violation should be excluded.”
Commonwealth v. Rutkowski, 550 N.E.2d 362 (Mass. 1990). · cites it 4× “We deal with a claim, raised under the Constitutions of the Commonwealth and of the United States, and G. L. c. 276 § 2 (1988 ed.), that a search of the defendant’s residence pursuant to a search warrant was unlawful.”
Commonwealth v. DiStefano, 495 N.E.2d 328 (Mass. App. Ct. 1986). · cites it 3× “” Under G. L. c. 276, § 2, as appearing in St. 1964, c.”
Commonwealth v. Garcia, 501 N.E.2d 527 (Mass. App. Ct. 1986). · cites it 5× “We start with a brief discussion of the history of the statutory provisions with respect to search warrants which are now found in G. L. c. 276, §§ 2 (as appearing in St. 1964, c.”
Scott v. State, 782 A.2d 862 (Md. 2001). “41(c)); Mass. Gen. Laws ch. 276, § 2 (2001) (requiring judicial approval and reasonable cause for nighttime search); Minn.”
Commonwealth v. Guaba, 632 N.E.2d 1217 (Mass. 1994). · cites it 2× “5 However, although we have never addressed this precise issue, we. have expressed the proposition that the presence at the search of documents describing the items to be seized is crucial in order for a warrant to meet the particularity requirements of art.”
Commonwealth v. Cruz, 756 N.E.2d 1175 (Mass. App. Ct. 2001). · cites it 2× “” Commonwealth v. Guaba, 417 Mass. 746, 755 (1994).”
Commonwealth v. Pope, 241 N.E.2d 848 (Mass. 1968). · cites it 3× “14 of our Declaration of Rights; there was the additional ground that the evidence was obtained in violation of G. L. c. 276, §§ 2, 2A, and 2B. Evidence introduced by the Commonwealth at the trial included the following: On November 20, 1964, Springfield police officers,…”
Commonwealth v. Grimshaw, 595 N.E.2d 302 (Mass. 1992). · cites it 2× “falls during the nighttime and, since the search was conducted in violation of the warrant’s express prohibition against a nighttime search and G. L. c. 276, § 2 (1990 ed.), 1 the evidence should be suppressed to implement rights granted by the Fourth and Fourteenth Amendments…”
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