Law may Expand Police Jurisdiction in Mass. DUI Cases
In most cases, a Massachusetts municipal police officer may only make arrests in the city or town which employs him or her. This legal rule has been used to achieve dismissals of Massachusetts OUI charges where the motorist is stopped outside of the officer’s jurisdiction, usually just over the city or town line. See Commonwealth v. LeBlanc, 407 Mass. 70, 73 (1990).
In response to these dismissals based on the officer’s lack of authority to stop vehicles and make arrests outside of his or her jurisdiction, the Massachusetts Senate is considering Bill 1742. This legislation would empower police officers to stop vehicles outside of the officer’s jurisdiction, where the vehicle recently traveled through the officer’s city or town and the officer had reason to believe that the driver committed a crime therein. If this legislation passes, it will undoubtedly be used to avoid dismissals of Massachusetts DUI cases where the officer’s territorial jurisdiction is challenged. Massachusetts DUI practitioners should be aware of this legislation, as it may eliminate a way to challenge some DUI arrests.
Outrageous! I mean I can understand how the State Police have statewide authority to arrest. That makes sense, but now to extend the limited power of municipal police officers into an unlimited arena seems to be contra the intent of limiting them in the first place. Why not just make all police state officers and eliminate municipal police? That would be intellectually honest. But who can accuse politicians of being intellectually honest?
___
-Justin J. McShane, Esquire-Harrisburg DUI Lawyer