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COMMONWEALTH v. GOMES

No. 02-P-441.

59 Mass. App. Ct. 332 (2003)

COMMONWEALTH v. JOHN P. GOMES (and ten companion cases).

Appeals Court of Massachusetts, Suffolk.

September 19, 2003.

Attorney(s) appearing for the Case

Charles Allan Hope (John H. Cunha, Jr., with him) for John P. Gomes & others.

Rami M. Vanegas, Assistant District Attorney, for the Commonwealth.

Present: GRASSO, MCHUGH, & MILLS, JJ.

GRASSO, J.

May an individual forcibly resist a warrantless police entry into his residence that is later determined to be unlawful, or is the right forcibly to resist police limited by the rule of Commonwealth v. Moreira, 388 Mass. 596, 601 (1983), to resistance against excessive or unnecessary force upon his person? We hold that absent the use of excessive or unnecessary force by police upon his person, an individual...

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