26- 239 C.M.R. ch. 3, § 1

Current through 2024-44, October 30, 2024

Section 239-3-1 - LOCATION AND POSSESSION OF ARREST WARRANTS

A. ORIGINALS. There shall be only one original of an arrest warrant issued by any court and, except as otherwise provided by law, the original of any arrest warrant shall be maintained and stored by the issuing court.

B. ATTESTED COPIES.

1. Except as provided in this sub-paragraph (2), the court shall produce only one attested copy of any arrest warrant which it has issued. The court shall direct that the attested copy of any arrest warrant be directed to and maintained by the designated warrant repository for its court district.

2. The court may produce additional attested copies of an arrest warrant to be issued under the following circumstances:

(i) upon the request of the prosecuting attorney for purposes of inter-state or international extradition; and

(ii) upon the written request of a representative of a governmental agency or entity, including an agency or entity of another state or the federal government, for use at an official proceeding of that agency or entity. When an attested copy of an arrest warrant is issued under this provision, it shall be marked with the following or similar language: "For Filing Purposes Only - Do Not Execute."

C. LIMITED PHYSICAL POSSESSION BY INVESTIGATING AGENCY. The primary investigating law enforcement agency shall have the opportunity to physically possess the attested copy of an investigative arrest warrant for a period of 72 hours from the time of delivery to the repository for the sole purpose of attempting execution of the warrant.

An investigative arrest warrant shall mean a warrant for the arrest of a person charged with a criminal offense as distinguished from a bench warrant for failure to appear or to pay a fine.

The investigating law enforcement agency shall exercise this opportunity by advising the repository that it wishes to take physical possession of the attested warrant for the 72-hour period. A representative of the investigating law enforcement agency shall sign an appropriate receipt for the attested warrant, if required by the repository. It shall be the responsibility of the law enforcement agency to return the attested warrant to the warrant repository at the end of the 72-hour period, except in those cases governed by paragraph (D) below.

D. EXTENDED POSSESSION BY INVESTIGATIVE LAW ENFORCEMENT AGENCY. The primary investigative law enforcement agency may take physical possession of the attested copy of an investigative arrest warrant for two successive periods not to exceed five days each for the sole purpose of attempting to execute the warrant, if the Attorney General or the respective District Attorney or their designees make a determination that the likelihood of warrant execution will be substantially increased by permitting the law enforcement agency to take physical possession of the attested warrant.

The Attorney General, the respective District Attorney or their designees shall exercise this authority by advising the repository that the primary investigative law enforcement agency shall take physical possession of the attested warrant for an initial period not to exceed five days. At the expiration of the initial five-day period, the Attorney General, the respective District Attorney or their designees may authorize the primary investigating law enforcement agency permission to physically possess the attested warrant for an additional period not to exceed five days if the likelihood of execution will be increased. The repository shall maintain a record of the officer authorizing physical possession under this paragraph.

In the event the primary investigating law enforcement agency has possessed the attested warrant for the 72-hour period under paragraph (C) above, the five-day periods under this paragraph shall be calculated from the expiration of the 72-hour period. Otherwise, the five-day periods shall be calculated from the day of delivery of the attested warrant to the repository and the day of delivery shall not be counted. In no event, however, shall the primary investigating law enforcement agency physically possess the attested warrant for more than a total of thirteen days from the day of its receipt at the repository.

It shall be the responsibility of the primary investigating law enforcement agency possessing an attested warrant under this paragraph to return the warrant to the designated repository at the end of the authorized possession period.

26- 239 C.M.R. ch. 3, § 1