OUI Arrest Massachusetts Territorial Jurisdiction Officer Lawyers Essex County

Commonwealth v. Finn

Facts:

The prosecution appealed a judgment from the Essex District Court Department (Massachusetts) granting defendant’s motion to dismiss, for the want of territorial jurisdiction to arrest him, the complaint against him for operating a motor vehicle under the influence of intoxicating liquor in violation of Mass. Gen. Laws ch. 90, § 24.

OUI Arrest Massachusetts Territorial Jurisdiction Officer Lawyers Essex County

Issue:

• Whether a police officer may lawfully arrest a motorist for operating under the influence of intoxicating liquor, outside of the officer’s territorial jurisdiction, where the arresting officer was not in “fresh and continued pursuit” of the motorist?

Discussion:

Police officers from an adjacent city made a warrantless stop of defendant’s automobile and arrested him in the other city for operating under the influence of intoxicating liquor, contrary to ch. 90, § 24. The prosecution filed a complaint based on that offense, against which defendant brought a motion to dismiss on the basis that the arrest was made beyond the officers’ territorial jurisdiction. The court affirmed the dismissal of the complaint by the trial court. The trial court correctly held that the officer could not lawfully arrest defendant as a motorist while beyond the territorial jurisdiction and when the arresting officer was not in “fresh and continued pursuit” of the motorist pursuant to Mass Gen. Laws ch. 41, § 98A (1994). The trial court correctly concluded that under these facts the officer acted as a private citizen who lacked any authority to arrest for traffic violations or for the offense of operating under the influence of intoxicating liquor. The court found that ch., § 98A did not validate the warrantless, extra-territorial arrest because the officers’ observation, pursuit, and arrest of defendant all occurred in the city that was outside their jurisdiction. The court affirmed the trial court judgment challenged by the prosecution, which granted defendant’s motion to dismiss, for the lack of territorial jurisdiction to arrest him, the complaint for against him for operating a motor vehicle under the influence of intoxicating liquor in violation of the statute.

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Article written by A Sris

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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.