COMMONWEALTH v. RIEDEL

No. 09-P-1305.

76 Mass. App. Ct. 911 (2010)

COMMONWEALTH v. MARK A. RIEDEL.

Appeals Court of Massachusetts.

June 1, 2010.


Attorney(s) appearing for the Case

Peter F. Kuntz for the defendant.

Robert D. Moriarty, Assistant District Attorney, for the Commonwealth.


The defendant appeals the legality of an extraterritorial stop effectuated in Brewster by an Orleans police officer, resulting in charges of operating while under the influence of intoxicating liquor (of which he was convicted), G. L. c. 90, § 24(1)(a), and operating negligently so as to endanger (of which he was acquitted), G. L. c. 90, § 24(2)(a). The defendant argues that because the officer did not subjectively believe the defendant committed any...

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