Mass. Gen. Laws » Part IV Title II Chapter 276
Massachusetts General Laws

Mass. Gen. Laws ch. 276, § 2B (2026)

Affidavit in support of application for search warrant; contents and form

✓ current as of July 2026
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Section 2B. 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 or through wire or electronic means appeared the above named . . . . . . . . . . . . . . . . . .<\/y> 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 Clerkof the . . . . . . . . Court.

Notes of Decisions
Cited in 67 cases (2 in the last 5 years), 1965–2024 · leading case: Commonwealth v. Upton, 476 N.E.2d 548 (Mass. 1985).
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Commonwealth v. Upton, 476 N.E.2d 548 (Mass. 1985). · cites it 8× “[1] We conclude instead that G.L.c. 276, § 2B, provides a statutory prohibition against the admission of such evidence.”
Commonwealth v. Upton, 458 N.E.2d 717 (Mass. 1983). · cites it 8× “14 of the Massachusetts Declaration of Rights or G.L.c. 276, § 2B. The language of the Fourth Amendment to the United States Constitution has been commonly thought of as paralleling that of art.”
Commonwealth v. Nelson, 953 N.E.2d 164 (Mass. 2011). · cites it 5× “He also argues that the officer’s requisite oath was not properly administered, in violation of G. L. c. 276, § 2B. As to his trial, he argues that the admission of drug certificates without the testimony of the analyst violated his constitutional rights, and that there were…”
Commonwealth v. Cruz, 945 N.E.2d 899 (Mass. 2011). · cites it 2× “" G. L. c. 276, § 2B. [30] Moreover, this court concluded more than 150 years ago: "Search warrants were .”
Commonwealth v. Almonor, 120 N.E.3d 1183 (Mass. 2019). · cites it 2× “No comparable rule of criminal procedure can be promulgated in Massachusetts by this court, however, because G. L. c. 276, § 2B, provides that "[a] person seeking a search warrant shall appear personally before a court or justice authorized to issue search warrants in criminal…”
Newspapers of New England, Inc. v. Clerk-Magistrate of Ware Div. of Dist. Court Dep't, 531 N.E.2d 1261 (Mass. 1988). · cites it 4× “However, G.L.c. 276, § 2B (1986 ed.), provides in relevant part: "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.”
In Re Sealed Documents, 772 A.2d 518 (Vt. 2001). · cites it 2× “Cr.P. 41(d), it lacks an express provision requiring the attachment and filing of supporting documents.”
Commonwealth v. Truax, 490 N.E.2d 425 (Mass. 1986). · cites it 3× “” We have said that the purpose of G. L. c. 276, § 2B, is to make sure that the Commonwealth could demonstrate by a writing that a given search and seizure is based on probable cause.”
Blixt v. Blixt, 774 N.E.2d 1052 (Mass. 2002). “363, 369 (1985) (rejecting defendant’s argument that G. L. c. 276, § 2B, incorporated constitutional principles later articulated in Aguilar v.”
Commonwealth v. O'Day, 798 N.E.2d 275 (Mass. 2003). “559, 559-560 (1991) (citing G. L. c. 276, § 2B). The magistrate considers a question of law: whether the facts presented in the affidavit and the reasonable inferences therefrom constitute probable cause.”
Commonwealth v. Sheppard, 476 N.E.2d 541 (Mass. 1985). · cites it 2× “Specifically, G.L.c. 276, § 2B, requires that the grounds for probable cause be set forth in an affidavit presented to a "court or justice," and, therefore, the statute precludes a "court or justice" from giving any effect to sworn oral statements.”
Commonwealth v. Lopes, 914 N.E.2d 78 (Mass. 2009). “See G. L. c. 276, § 2B (affidavit “shall contain the facts, information, and circumstances upon which [the affiant] relies to establish sufficient grounds for the issuance of the warrant”).”
Show all 67 citing cases →
— Mass. Gen. Laws ch. 276, § 2B(3) — 1 case
Commonwealth v. Weeks, 431 N.E.2d 586 (Mass. App. Ct. 1982).
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