Number 6. September 27, 1974

Number 6. September 27, 1974 Richard Gary Paull, Esquire First Assistant District Attorney Southern District Superior Court House New Bedford, Massachusetts Dear Mr. Paull: You have requested my opinion relative to whether a judge or clerk in a district court of the Commonwealth may issue a search warrant to search a house in a district other than that in which the court is situated. I am of the view that he may. General Laws, c. 276, § 1 provides, in relevant part: "A court or justice authorized to issue warrants in criminal cases may, upon complaint on oath that the complainant be- lieves that any of the property or articles hereinafter named are concealed in a house, place, vessel or vehicle or in the possession of a person anywhere within the commonwealth and territorial waters thereof, if satisfied that there is proba- ble cause for such belief, issue a warrant identifying the prop- erty and naming or describing the person or place to be searched and commanding the person seeking such warrant to search for [specified articles.]." (Emphasis supplied.) Thus, a court or justice authorized to issue a search warrant in criminal cases may issue a warrant to search premises located anywhere in the Commonwealth, be they within or without the judicial district served by that court. The word "court," as used in the section, includes "clerks." Commonwealth v. Penta, 352 Mass. 271, 273 (1967). The authority to issue search warrants is clearly granted to district court judges through G. L. c. 218, § 35. The same authority is granted to their clerks through G. L. c. 218, § 33. Penta, supra at 273. P.D. 12 51 Reading the three sections together, then, the conclusion is compelled that, being authorized to issue search warrants, district court judges and clerks may issue warrants to search premises anywhere in the Com- monwealth. Accordingly. I answer your question in the affirmative. Very truly yours, ROBERT H. QUINN Attorney General