COMMONWEALTH v. JACOBSEN


419 Mass. 269 (1995)

COMMONWEALTH vs. ANDRES W. JACOBSEN.

Supreme Judicial Court of Massachusetts, Barnstable.

January 4, 1995.


Attorney(s) appearing for the Case

J. Thomas Kirkman, Assistant District Attorney, for the Commonwealth.

Brian J. Wall for the defendant.

Present: LIACOS, C.J., WILKINS, NOLAN, LYNCH, & GREANEY, JJ.


NOLAN, J.

This case raises the issue whether a judge erred in granting the defendant's motion to dismiss on the basis that his warrantless arrest violated the statutory warrant requirement of G.L.c. 275, §§ 2, 3 (1992 ed.). The Commonwealth contends that the warrantless arrest of the defendant was valid because G.L.c. 209A, § 6 (7) (1992 ed.), authorizes police to make warrantless arrests if there is probable...

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