Massachusetts General Laws

Mass. Gen. Laws ch. 276, § 5 (2026)

Service of notice

✓ current as of July 2026

Find cases: SyfertCases citing this section MAmalegislature.gov (official) JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Section 5. The notice shall, not less than fourteen days before the time appointed for trial, be served upon the person, if any, alleged to be the owner of the articles seized, by an officer authorized to serve criminal process, by leaving an attested copy thereof with him personally or at his usual place of abode and by posting an attested copy thereof on the house or building in which the articles were seized, if they were found in a house or building; otherwise, in a public place in the town where they were seized.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1996–2024 · leading case: Victor V. v. Commonwealth, 672 N.E.2d 529 (Mass. 1996).

Sort: Relevance Newest Treatment

Victor V. v. Commonwealth, 672 N.E.2d 529 (Mass. 1996). · cites it 4× “A District Court judge found that the Commonwealth had shown by clear and convincing evidence that, pursuant to G. L. c. 276, § 5 8A, the juvenile should be held in pretrial detention without bail.”

Commonwealth v. Young, 905 N.E.2d 90 (Mass. 2009). “5 A judge in the Superior Court denied the motion on the ground that “possession without more does not establish clear and convincing evidence of dangerousness” pursuant to G. L. c. 276, § 5 8A. *709 Thomas Young. On October 22, 2007, a complaint issued in the Taunton Division…”

Commonwealth v. Gallant, 903 N.E.2d 1081 (Mass. 2009). “123, § 18, but was also subject to the G. L. c. 276, § 5 8A, detention order. The judge acknowledged that even if he vacated the § 58A order, Gallant could be held at Bridgewater beyond the § 18 evaluation period if officials at Bridgewater sought a civil commitment order…”

Commonwealth v. James (Mass. 2024). “" G. L. c. 276, § 5. Section 6 allows for the postponement of "the time appointed for the trial" if notice has not been properly served, if the property needs to be retained for use as evidence in a trial, or "if other sufficient cause appears.”

Katz, et al. v. McVeigh, et al., 2013 DNH 037 (D.N.H. 2013). “§ 597:2) and Massachusetts (which is similar, see Mass. Gen. Laws ch. 276, § 5 8 ) . The plaintiffs’ complaints about Katz’s detention without bail, then, would appear to be misdirected.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.