What are the search warrant requirements in Massachusetts?

Massachusetts codifies warrant procedure in Chapter 276 of the General Laws, and the Declaration of Rights provides some of the strongest privacy protection in New England.

1. Constitutional Foundation

The Fourth Amendment is supplemented by Mass. Const. Pt. 1 art. XIV, which the Supreme Judicial Court has consistently interpreted to provide GREATER protection (Commonwealth v. Upton — rejecting Gates and applying Aguilar-Spinelli; Commonwealth v. Sheppard — implicating the genesis of Leon but state-rejecting it).

2. Probable Cause & Affidavit

G.L. c. 276 § 2B requires a sworn written affidavit stating facts establishing probable cause. The warrant must particularly describe the place and items (§ 2). Massachusetts applies the Aguilar-Spinelli two-pronged test for informant tips under art. XIV (Commonwealth v. Upton). Anticipatory warrants are recognized.

3. Who Issues

G.L. c. 276 § 1 authorizes a "court or justice authorized to issue warrants in criminal cases" — including clerk-magistrates of the District Court, District Court judges, Superior Court judges, and appellate judges. The issuer must be neutral and detached.

4. Execution

Knock-and-announce is constitutionally required (Commonwealth v. Antwine). No-knock authorization requires a strong showing of danger or destruction at the time the warrant is issued (Commonwealth v. Scalise). G.L. c. 276 § 2A requires execution within 7 days. Nighttime execution requires a § 2 endorsement for good cause.

5. Scope & Plain View

Search is limited to areas where listed items could reasonably be hidden. Massachusetts follows the plain-view doctrine (Commonwealth v. Balicki) but retained an inadvertence-like analysis for some time before aligning with Horton.

6. Exceptions to the Warrant Requirement

Consent (stricter voluntariness analysis), search incident to arrest, exigent circumstances, automobile (Massachusetts requires probable cause AND exigency — Commonwealth v. Motta), inventory, protective sweep, and Terry frisk.

7. Suppression

Massachusetts REJECTS the Leon good-faith exception under art. XIV (Commonwealth v. Upton). Evidence obtained in violation is excluded.

This is legal information, not legal advice.