Mass. Police Jurisdiction & DUI Arrest Authority

Commonwealth v. Callahan, 428 Mass. 335 (1998)

Police officers from one community can be sworn in as "special police officers" in other communities. Such special police officers have all the powers and duties of regular police officers, including the ability to make OUI arrests. 

In this case, a police officer from the Town of Hollis, New Hampshire was sworn in as a Special Police Officer in the Town of Pepperell, Massachusetts. As a Special Police Officer, he possessed all of the powers and duties of a Pepperell, Massachusetts police officer. Accordingly, he had the authority to stop Callahan in Peperell, Massachusetts, even though he encountered him in connection with his duties as a Hollis, NH Police Officer. 

Massachusetts DUI Attorneys should be aware of this and, before challenging an officer's authority, check to see if an officer from one community is sworn in as a special police officer in the locality where a DUI stop and arrest occurred. Earlier in my police career, I was sworn in as a special police officer in five different jurisdictions, so that stopping a violator over a town line did not present a jurisdictional concern.

Commonwealth v. Coburn, 62 Mass. App. Ct. 314 (2004)

A 21 year Concord, Massachusetts police veteran saw Mr. James K. Coburn, Jr. speeding in the Town of Concord.  He pursued Coburn and stopped him just prior to a sign indicating that he was entering the neighboring Town of Lincoln. 

The defendant correctly claimed that the actual Concord-Lincoln town line was 30 feet prior to the sign. However, because the officer's mistaken belief was not unreasonable, and the stop was not based on misconduct, the SJC held that the speeding stop and resulting OUI arrest was justified.

Commonwealth v. Grise 398 Mass. 247 (1986)

Two Ludlow, Massachusetts police officers observed Grise commit a red light violation in Springfield, MA. They stopped him in the City of Springfield and arrested him for operating under the influence of liquor. The Mass. SJC held that the Ludlow officers had no authority to arrest Grise in Springfield. There was no "fresh and continued pursuit," "transferred authority" or any other facts which would have justified the DUI arrest. The case was dismissed and the SJC affirmed the dismissal.

Absent transferred authority or fresh and continued pursuit, a municipal police officers arrest authority is generally limited to the confines of the city or town which employs him.  In most cases, an officer becomes a private citizen when crossing city or town lines and a private citizen cannot make a drunk driving arrest.

Commonwealth v. Howe, 405 Mass. 332 (1989)

In the case of Commonwealth v. Howe, the Massachusetts Supreme Judicial Court, which is the highest court in the Commonwealth, approved a DUI arrest made by a deputy sheriff. In authorizing the arrest, the Court recognized that Massachusetts Deputy Sheriffs have the legal authority to make arrests for crimes involving a "breach of the peace." See G.L. c. 37 § 13 (powers of sheriffs), G.L. c. 268  § 24 (Deputy Sheriff's authority to command aid and assistance), and G.L. c. 90 § 21 (police officers right to arrest for certain motor vehicle offenses). The Plymouth County Deputy Sheriff's arrest was proper because, "Operating an automobile while under the influence of alcohol is a misdemeanor which involves a breach of the peace."

Commonwealth v. LeBlanc, 407 Mass. 70 (1990)

A Natick, Massachusetts police officer observed LeBlanc driving at a high rate of speed and failing to stop for a red light in the Town of Natick. He followed LeBlanc into the neighboring Town of Framingham and eventually stopped LeBlanc on Route 9 in Framingham. It is noteworthy that there was no pursuit which commenced in Natick and terminated in Framingham; had that been the case, the result would have been different as officers are allowed to pursue suspects across town lines. 

Here, Natick Police Officer William Geissler did not attempt to stop LeBlanc until he at or very near the Framingham town line.  

Once Officer Geissler stopped LeBlanc, he requested that LeBlanc perform field sobriety tests and concluded that, based on his peformance, LeBlanc was under the influence of alcohol. He arrested LeBlanc and took him to the Natick Police Station, where he took a breathalyzer and scored a .15, which was in excess of the legal limit. 

LeBlanc's DUI attorney was able to get the case dismissed on the grounds that Officer Geissler did not have a reason to believe that LeBlanc was OUI in Natick. It was not until after Officer Geissler stopped Leblanc that he noticed the signs and symptoms indicating alcohol intoxication.

The car stop in Framingham was improper and all of the evidence resulting from the DUI stop was suppressed under the fruits of the poisonous tree doctrine. For a different result, see Commonwealth v. Zirpolo, 37 Mass. App. Ct. 307 (1994).

Commonwealth v. Magazu, 48 Mass. App. Ct. 466 (2000)

Whitman police officer Dean Leavitt observed Tommie Magazu speeding, screeching his tires, not stopping for a stop sign, and driving on the wrong side of the road. Magazu committed these motor vehicle offenses in East Bridgewater, Massachusetts. He then drove through the Town of Witman and when Officer Leavitt activated his cruiser's blue lights, Magazu abruptly pulled into a driveway in the Town of Hanson.  Officer Leavitt stopped Magazu in Hanson and arrested him for OUI. The District Court dismissed the DUI complaint on the grounds that Leavitt did not witness Magazu commit an arrestable offense in Whitman and there was no "fresh and continued pursuit" into Hanson, where Leavitt stopped him. However, the Appeals Court reversed the dismissal on the grounds that Leavitt was following Magazu based on his observations of an arrestable offense which started in E. Bridgewater and continued into Whitman.

Commonwealth v. Morrissey, 422 Mass. 1 (1996)

A police officer can receive DUI arrest powers through "transferred authority," where a police officer in the city or town where the arrest is to be made authorizes an out-of-town police officer to take action.  Here, Officer Jeff Stillings of the Sterling Police was acting pursuant to "transferred authority," when he stopped Dennis Morrissey in West Boylston for drunk driving.

Commonwealth v. Nicholson, 56 Mass. App. Ct. 921 (2002)

A West Bridgewater police officer, who was sworn in as special police officer in East Bridgewater, had the authority to stop a vehicle in East Bridgewater, and arrest the driver for DWI, where he received an "erratic operator" report  from a citizen. The Massachusetts Appeals Court reversed the District Court's dismissal of the case.

Commonwealth v. Savage, 430 Mass. 341 (1999)

A Vermont state trooper responded to a report of an erratic operator in the vicinity of the Vermont-Massachusetts line on Route 91. He observed erratic operation in Massachusetts and stopped the driver, who he believed was operating while under the influence of alcohol. The drunk driving arrest was made without lawful authority, because the Vermont Trooper lacked the authority to make an OUI arrest in Massachusetts under these circumstances.

Commonwealth v. Twombly, 435 Mass. 440 (2001)

Amesbury Police Sergeant William Scholtz observed Jason Twombly speeding and operating dangerously. He followed Twombly into neighboring Salisbury. Sgt. Scholtz informed the Salisbury police dispatcher of the erratic operation. Salisbury Officer Steve Sforza overheard Scholtz's radio transmission and authorized Scholtz to stop Twombly, who was later arrested and prosecuted for drunk driving. The SJC upheld the stop on the grounds that a breach of the peace was imminent and police officers are allowed to request aid and assistance to prevent or suppress a breach of the peace.

Commonwealth v. Zirpolo, 37 Mass. App. Ct. 307 (1994)

Zirpolo was charged with failure to stop for a police officer, operating to endanger, defective equipment, leaving the scene of a property damage accident, and operating a motor vehicle while under the influence of alcohol (subsequent offense). His DWI lawyer unsuccessfully challenged the prosecution's case on the grounds that the officer lacked the authority to stop and arrest Zirpolo, outside of the officer's jurisdiction. 

While working a detail at a nighclub on Route 9 in Framingham,  Officer Richard Monson refused to admit Zirpolo into the club, because he was visbily intoxicated.  He saw Zirpolo get into a Ford Mustang and back up. Monson tried to stop Zirpolo. However, Zirpolo ignored the officer's signal to stop and backed into another vehicle. He turned off the car's headlights and drove down Route 9 towards Natick at a high rate of speed. 

Monson reported the incident as a “hit and run” and a “failure to stop” for a police officer. Framingham Police Officer, now Sergeant Richard Pomales, overheard Monson's radio transmission regarding a possibly intoxicated driver and observed Zirpolo driving down Route 9. At that time, Zirpolo was operating normally.  Pomales turned on his blue lights and tried to stop Zirpolo in Framingham. Zirpolo stopped in the neighboring Town of Natick, just over the town line. Officer Pomales had Zirpolo perform field sobriety evaluations and, based on his performance on those tests, he arrested Zirpolo for OUI. 

Zirpolo challenged Pomales' authority to arrest him in Natick for crimes which occurred in Framingham. This case highlights an exception to the rule that a local police officer can only make arrests in his jurisdiction. See Commonwealth v. LeBlanc, 407 Mass. 70 (1990). Here, Zirpolo committed arrestable offenses in a Framingham Police Officer's presence and another Framingham officer, Pomales, working on concert with Monson effected the arrest. When he pursued Zirpolo, he already has the required "reason to believe" that Zirpolo committed OUI and refusal to stop for a police officer in his jurisdiction. Zirpolo's extra-jurisdictional OUI arrest was legal.

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