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The
Massachusetts
Law of Arrest.
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Posted
May 2007
The
Massachusetts
Law of Arrest
The
law of arrest in Massachusetts
can be a complex thing to master. The “Hand
Chart” below to the right is a tool that has been used to train police
recruits for many years. This is a
re-mastered version, the “original” came from the Boston Police
Academy. It was many generations old when it was issued
to this author over nineteen years ago.
 The first thing one must know is the difference between a
felony and a misdemeanor in Massachusetts. The difference is found in the
punishment. Punishment for a criminal
violation is written into the body of every statute and that is how you will
know if it is felony or a misdemeanor.
Felony
Any crime punishable by death or
imprisonment for life or any term in State Prison.
Misdemeanor
Any crime punishable by a fine
or imprisonment in a House of Correction for up to 2 ˝ years.
A police officer may make an arrest under the following
conditions:
- For a felony committed in
the officer’s presence.
- For a felony not committed
in the officer’s presence with probable cause.
- Based on witness
statements, or
- Physical evidence.
- For a misdemeanor committed
in the officer’s presence that constitutes a breach of the peace.
- For a misdemeanor with
statutory authority.
- The legislature has
written the officer’s power of arrest into the law, i.e.:
i.
Certain motor
vehicle offense,
ii.
Drug possession,
iii.
Shoplifting,
iv.
Assault &
battery in a domestic violence context.
- With a Warrant.
Click on the hand chart for a printable version.
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