Massachusetts General Laws

Mass. Gen. Laws ch. 276, § 4 (2026)

Notice before forfeiture of property seized under search warrant

✓ current as of July 2026

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Section 4. Before a decree of forfeiture of property seized under a search warrant is issued, the court or justice shall, unless otherwise expressly provided, issue a notice under seal, signed by the clerk of the court or by the justice, setting forth the substance of the complaint, and commanding the persons, if any, in whose possession the articles were found, and the owner, if alleged, and all other persons who claim an interest therein, to appear at a time and place therein named to show cause why the articles seized should not be forfeited.

Notes of Decisions

Cited in 2 cases (2 in the last 5 years), 2024–2026 · leading case: Commonwealth v. James (Mass. 2024).

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Commonwealth v. James (Mass. 2024). · cites it 7× “276, § 3, based solely on the judge's determination forfeiture would be in the "public interest," or whether the judge must instead follow the procedural requirements set forth in G. L. c. 276, §§ 4 to 8, before any forfeiture decree may issue.”

Commonwealth v. Ivarson (Mass. App. Ct. 2026). · cites it 4× “828 , 838 (2024), which was decided after the order of forfeiture at issue here was entered, hearings concerning the forfeiture of property conducted under § 3 must comport with the procedures set forth in G. L. c. 276, §§ 4 to 8. For the first time on appeal, the defendant…”

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