Section 23. If a person makes oath before a district court or justice of the peace authorized to issue warrants in criminal cases that he suspects or has probable cause to suspect that a house or other building, room or place is used as and for a common gaming house, for gaming for money or other property, or is occupied, used or kept for promoting a lottery, or for the sale of lottery tickets, or for promoting the game known as policy lottery or policy, or for the buying or selling of pools or registering of bets upon any race, game, contest, act or event, and that persons resort thereto for any such purpose, such court or justice, whether the names of the persons last mentioned are known to the complainant or not, shall, if satisfactory evidence is presented, issue a warrant commanding the sheriff or his deputy or any constable or police officer to enter such house, building, room or place, and to arrest the keepers thereof, all persons in any way assisting in keeping the same, whether as janitor, doorkeeper, watchman or otherwise, all persons who are there found participating in any form of gaming and all persons present whether so participating or not, if any lottery, policy or pool tickets, slips, checks, manifold books or sheets, memoranda of any bet, or other implements, apparatus or materials of any form of gaming are found in said place, and to take into their custody all the implements, apparatus or materials of gaming, as aforesaid, and all the personal property, including money, furniture and fixtures there found, and to keep said persons, implements, apparatus or materials, property, including money, furniture and fixtures so that they may be forthcoming before some court or magistrate to be dealt with according to law. The provisions of chapter two hundred and seventy-six relative to disposal of gaming articles seized upon search warrants shall apply to all articles and property seized as herein provided for; provided, however, that such provisions shall not apply to gaming conducted pursuant to chapter 23K and shall not apply to sports wagering conducted pursuant to chapter 23N.
Notes of Decisions
Commonwealth v. Pope, 241 N.E.2d 848 (Mass. 1968).
· cites it 3× “1 Search warrants may be issued under G. L. c. 271, § 23, for violations of the gaming laws.”
Commonwealth v. Howe, 540 N.E.2d 677 (Mass. 1989).
· cites it 2× “64C, § 8 (deputy sheriff may, without warrant, arrest person illegally transporting cigarettes); G.”
Commonwealth v. Rossetti, 211 N.E.2d 658 (Mass. 1965).
· cites it 3× “The information furnished in the application for one warrant to search for gaming implements (G. L. c. 271, § 23, as amended through *628 St.”
Commonwealth v. Fancy, 207 N.E.2d 276 (Mass. 1965).
“The statute in that case (G. L. c. 271, § 23) authorized the issuance of warrants to search or seize gaming apparatus in a “house, building, room or place.”
Commonwealth v. Coco, 235 N.E.2d 555 (Mass. 1968).
· cites it 2× “The defendant also contends that G. L. c. 271, § 23, under which the warrant was issued, is unconstitutional in that it requires only that an applicant swear “that he suspects or has probable cause to suspect” violations of law.”
Commonwealth v. Dias, 211 N.E.2d 224 (Mass. 1965).
“276, § 2B, requires that the affidavit in support of an application for a search warrant contain “facts, information, and circumstances upon which such person relies to establish sufficient grounds for the issuance of the warrant.”
Commonwealth v. Mele, 263 N.E.2d 432 (Mass. 1970).
“G. L. c. 271, § 23. Where there is probable cause to search the premises for gaming apparatus, it is not unreasonable to include in the list of items other types of gaming apparatus covered by the same statute.”
Commonwealth v. Demogenes, 211 N.E.2d 226 (Mass. 1965).
“And in another statute governing searches of gaming houses (G. L. c. 271, § 23) the property which may be seized are “all the implements, apparatus or materials of gaming .”
Commonwealth v. Cosolito, 269 N.E.2d 679 (Mass. 1971).
· cites it 2× “271, § 17, which provides a maximum punishment of a $3,000 fine or imprisonment for three years, but with being present in a “place occupied, used or kept for the purposes described in” G. L. c. 271, § 23. On such a charge G. L.”
Commonwealth v. Muto, 218 N.E.2d 121 (Mass. 1966).
“” No important facts in amplification of the affidavit appear in testimony before the issuing clerk.”
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