Massachusetts General Laws ch. 138 sec. 42 – Issuance of search warrant
Section 42. If two persons of full age make complaint to a district court or justice of the peace authorized to issue warrants in criminal cases that they have reason to believe and do believe that alcoholic beverages, described in the complaint, are kept or deposited by a person named therein in a store, shop, warehouse, building, vehicle, steamboat, vessel or place, and are intended for sale contrary to law, such court or justice, if it appears that there is probable cause to believe said complaint to be true, shall issue a search warrant to a sheriff, deputy sheriff, city marshal, chief of police, deputy chief of police, deputy marshal, police officer, including a state police officer, or constable, commanding him to search the premises in which it is alleged that such alcoholic beverages are deposited, and to seize such beverages, the vessels in which they are contained and all implements of sale and furniture used or kept and provided to be used in the illegal keeping or sale of such beverages, and securely keep the same until final action thereon, and return the warrant with his doings thereon, as soon as may be, to a district court having jurisdiction in the place in which such beverages are alleged to be kept or deposited.
Terms Used In Massachusetts General Laws ch. 138 sec. 42
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
For the purposes of this and the thirteen following sections, the words ”alcoholic beverages” shall be deemed to include ”alcohol”.