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DISTRICT ATTORNEY FOR THE NORFOLK DISTRICT v. QUINCY DIVISION OF THE DISTRICT COURT DEPARTMENT

444 Mass. 176 (2005)

DISTRICT ATTORNEY FOR THE NORFOLK DISTRICT vs. QUINCY DIVISION OF THE DISTRICT COURT DEPARTMENT.

Supreme Judicial Court of Massachusetts, Suffolk.

May 10, 2005.

Attorney(s) appearing for the Case

Robert C. Cosgrove, Assistant District Attorney (Varsha Kukafka, Assistant District Attorney, with him) for the plaintiff.

Dean A. Mazzone, Special Assistant Attorney General, for the defendant.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, & SOSMAN, JJ.

COWIN, J.

Ordinarily, when a police officer makes a warrantless arrest of a person and the person is released on bail to return the following court day, the officer prepares an application for a complaint, presents it to a clerk-magistrate, the complaint issues, and the arrestee appears in court for arraignment.1 That procedure was not followed in this case. In rather unusual circumstances that we describe below, prior to the issuance...

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