# Mass. Gen. Laws ch. 276, sec. 3: Seizure, custody and disposition of articles; exceptions > Massachusetts · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_MA_PIV_TII_C276_S3 ## Section - **Citation:** Mass. Gen. Laws ch. 276, sec. 3 - **Heading:** Seizure, custody and disposition of articles; exceptions - **Jurisdiction:** Massachusetts - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** MA Code / Part IV / Title II / Chapter 276 / Section 3 ## Text Section 3. If an officer in the execution of a search warrant finds property or articles therein described, he shall seize and safely keep them, under the direction of the court or justice, so long as necessary to permit them to be produced or used as evidence in any trial. As soon as may be, thereafter, all property seized under clause First of section one shall be restored to the owners thereof; and all other property seized in execution of a search warrant shall be disposed of as the court or justice orders and may be forfeited and either sold or destroyed, as the public interest requires, in the discretion of the court or justice, except: (a) Diseased animals or carcasses thereof, or any tainted, diseased, corrupt, decayed or unwholesome meat, fish, vegetables, produce, fruit or provisions of any kind, or the meat of any calf killed when less than two weeks old, or any product thereof kept or concealed with intent to kill, sell or offer the same for sale for food, shall be destroyed or disposed of in accordance with section one hundred and forty-six of chapter ninety-four by the board of health or by an officer designated by the court or justice; and diseased animals found to have been kept or concealed in a particular building, place or enclosure shall be destroyed or disposed of by the division of animal health and department of food and agriculture without compensation to the owners thereof. (b) Rifles, shotguns, pistols, knives or other dangerous weapons which have been found to have been kept, concealed or used unlawfully or for an unlawful purpose shall be forfeited to the commonwealth and delivered forthwith to the colonel of the state police for destruction or preservation in the discretion of the colonel of the state police. (c) Money seized under clause Third of section one shall be forfeited and paid over to the state treasurer. (d) Any property, including money seized under section one, the forfeiture and disposition of which is specified in any general or special law shall be disposed of in accordance therewith. Section 3. If an officer in the execution of a search warrant finds property or articles therein described, he shall seize and safely keep them, under the direction of the court or justice, so long as necessary to permit them to be produced or used as evidence in any trial. As soon as may be, thereafter, all property seized under clause First of section one shall be restored to the owners thereof; and all other property seized in execution of a search warrant shall be disposed of as the court or justice orders and may be forfeited and either sold or destroyed, as the public interest requires, in the discretion of the court or justice, except: (a) Diseased animals or carcasses thereof, or any tainted, diseased, corrupt, decayed or unwholesome meat, fish, vegetables, produce, fruit or provisions of any kind, or the meat of any calf killed when less than two weeks old, or any product thereof kept or concealed with intent to kill, sell or offer the same for sale for food, shall be destroyed or disposed of in accordance with section one hundred and forty-six of chapter ninety-four by the board of health or by an officer designated by the court or justice; and diseased animals found to have been kept or concealed in a particular building, place or enclosure shall be destroyed or disposed of by the division of animal health and department of food and agriculture without compensation to the owners thereof. (b) Rifles, shotguns, pistols, knives or other dangerous weapons which have been found to have been kept, concealed or used unlawfully or for an unlawful purpose shall be forfeited to the commonwealth and delivered forthwith to the colonel of the state police for destruction or preservation in the discretion of the colonel of the state police. (c) Money seized under clause Third of section one shall be forfeited and paid over to the state treasurer. us weapons which have been found to have been kept, concealed or used unlawfully or for an unlawful purpose shall be forfeited to the commonwealth and delivered forthwith to the colonel of the state police for destruction or preservation in the discretion of the colonel of the state police. (c) Money seized under clause Third of section one shall be forfeited and paid over to the state treasurer. (d) Any property, including money seized under section one, the forfeiture and disposition of which is specified in any general or special law shall be disposed of in accordance therewith. ## Nearby sections - [Mass. Gen. Laws ch. 276, sec. 1 Complaint for issuance of search warrant; warrant for designated property or articles; search incident to arrest; documentary evidence subject to privilege](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIV_TII_C276_S1.md) - [Mass. Gen. Laws ch. 276, sec. 1A Search warrants for articles belonging to subversive organizations](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIV_TII_C276_S1A.md) - [Mass. Gen. Laws ch. 276, sec. 1B Search warrants for records possessed by foreign corporations providing electronic communication or remote computing services](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIV_TII_C276_S1B.md) - [Mass. Gen. Laws ch. 276, sec. 2 Requisites of warrant](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIV_TII_C276_S2.md) - [Mass. Gen. Laws ch. 276, sec. 2A Form of warrant](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIV_TII_C276_S2A.md) - [Mass. Gen. Laws ch. 276, sec. 2B Affidavit in support of application for search warrant; contents and form](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIV_TII_C276_S2B.md) - [Mass. Gen. Laws ch. 276, sec. 2C Manner of issuing search warrants; application of Secs. 2, 2A and 2B](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIV_TII_C276_S2C.md) - [Mass. Gen. Laws ch. 276, sec. 2D No-knock warrants; criteria; execution of search warrants at a residence; remedy for violations](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIV_TII_C276_S2D.md) - [Mass. Gen. Laws ch. 276, sec. 3 Seizure, custody and disposition of articles; exceptions](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIV_TII_C276_S3.md) - [Mass. Gen. Laws ch. 276, sec. 3A Time for return of search warrant](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIV_TII_C276_S3A.md) - [Mass. Gen. Laws ch. 276, sec. 4 Notice before forfeiture of property seized under search warrant](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIV_TII_C276_S4.md) - [Mass. Gen. Laws ch. 276, sec. 5 Service of notice](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIV_TII_C276_S5.md) - [Mass. Gen. Laws ch. 276, sec. 6 Postponement of trial; further notice](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIV_TII_C276_S6.md) - [Mass. Gen. Laws ch. 276, sec. 7 Sale or destruction of property seized; disposition of proceeds](https://www.frixlaw.com/law-library/statutes/STATE_MA_PIV_TII_C276_S7.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MA_PIV_TII_C276_S3. Check the current official text before relying on it. Not legal advice.