Massachusetts General Laws

Mass. Gen. Laws ch. 276, § 2A (2026)

Form of warrant

✓ current as of July 2026

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Section 2A. The signature on the warrant may be made by electronic signature. The warrant shall be in substantially the following form:

THE COMMONWEALTH OF MASSACHUSETTS.

(COUNTY), ss. (NAME) COURT.

To the Sheriffs of our several counties, or their deputies, any State Police Officer, or any Constable or Police Officer of any city or town, within our said Commonwealth.

Proof by affidavit having been made this day before (name of person authorized to issue warrant) by (names of person or persons whose affidavits have been taken) that there is probable cause for believing that (certain property has been stolen, embezzled, or obtained by false pretenses; certain property is intended for use or has been used as the means of committing a crime; certain property has been concealed to prevent a crime from being discovered; certain property is unlawfully possessed or kept or concealed for an unlawful purpose).

We therefore command you in the daytime (or at any time of the day or night) to make an immediate search of (identify premises) (occupied by A.B.) and (of the person of A.B.) and of any person present who may be found to have such property in his possession or under his control or to whom such property may have been delivered, for the following property:

(description of property)

and if you find any such property or any part thereof to bring it and the persons in whose possession it is found before (court having jurisdiction) at (name of court and location).

Dated at (city or town) this . . . . . . . . . . day of . . . . . . . . . ., (insert year).

Clerk.

Notes of Decisions

Cited in 17 cases (1 in the last 5 years), 1970–2025 · leading case: Commonwealth v. Smith, 348 N.E.2d 101 (Mass. 1976).

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Commonwealth v. Smith, 348 N.E.2d 101 (Mass. 1976). · cites it 4× “The warrant was issued on the printed form prescribed by G.L.c. 276, § 2A, and commanded the police to search the apartment, to search one "Jane Doe, alias Molly Bee" (a known occupant of the apartment), and "any person present who may be found to have .”

Commonwealth v. Upton, 476 N.E.2d 548 (Mass. 1985). · cites it 2× “Two years later a case reached this court involving the question whether evidence seized pursuant to a search warrant would be admissible if the application for the warrant did not meet the requirements of G.L.c. 276, §§ 2A, 2B, and 2C, but sworn testimony before the magistrate,…”

Commonwealth v. Forde, 329 N.E.2d 717 (Mass. 1975). · cites it 2× “G.L.c. 276, § 2A. Commonwealth v. Cromer, 365 Mass.”

Commonwealth v. Sheppard, 441 N.E.2d 725 (Mass. 1982). · cites it 2× “" They must be substantially in the form prescribed in G.L.c. 276, § 2A. [4] The tape was introduced as an exhibit and was heard by the judge during the hearing on the defendant's motion to suppress.”

Commonwealth v. Vitello, 327 N.E.2d 819 (Mass. 1975). · cites it 2× “G.L.c. 276, § 2A. Thus in order for a warrant to be validly executed it must be executed before the finding of probable cause is stale.”

Commonwealth v. Cromer, 313 N.E.2d 557 (Mass. 1974). · cites it 3× “The defendants’ argument raises an important question concerning the construction of the statutes which govern the time limits within which search warrants must be executed and returned to court (G. L. c. 276, §§ 2A and 3A 2 ). We need summarize only that evidence which is…”

Commonwealth v. Harris, 358 N.E.2d 982 (Mass. 1976). “See especially G. L. c. 276, §§ 2A, 2B, inserted by St. 1964, c.”

Commonwealth v. Soares, 424 N.E.2d 221 (Mass. 1981). “” An assistant clerk issued the warrant in standard printed form (see G. L. c. 276, § 2A), directing an “immediate” search of the described premises and seizure of the package.”

Commonwealth v. Garcia, 501 N.E.2d 527 (Mass. App. Ct. 1986). · cites it 2× “This contention is grounded on nothing firmer than the magistrate’s failure to strike from the face of the warrant the words “in the daytime” found in the phrase “in the daytime (or at any time of the day or night)” which is pre *263 scribed by G. L. c. 276, § 2A. 6…”

Commonwealth v. DiStefano, 495 N.E.2d 328 (Mass. App. Ct. 1986). “The warrant was based on the form which appears in G. L. c. 276, § 2A, inserted by St. 1964, c.”

Commonwealth v. Gauthier, 679 N.E.2d 211 (Mass. 1997). “The warrant, as required by and in the form prescribed by G. L. c. 276, § 2A, set out the property for which the search was to be made, the time period during which the search could be made, and a description of the premises — the defendant’s residence — to be searched.”

Commonwealth v. Mele, 263 N.E.2d 432 (Mass. 1970). · cites it 2× “The defendant also argues that the form of the search warrant does not satisfy the requirements of G. L. c. 276, § 2A, because it fails to refer to the affidavit and to the name of the person who filed it; fails to state that the applicant has probable cause to believe that the…”

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