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COMMONWEALTH v. HERNANDEZ

SJC-10452

456 Mass. 528 (2010)

COMMONWEALTH v. ALEXANDER HERNANDEZ.

Supreme Judicial Court of Massachusetts, Suffolk.

April 16, 2010.

Attorney(s) appearing for the Case

John P. Zanini, Assistant District Attorney, for the Commonwealth.

Kenneth I. Seiger for the defendant.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

CORDY, J.

This case involves the off-campus execution of a misdemeanor arrest warrant by two Boston University campus police officers (campus police) acting as special State police officers pursuant to their appointment under G. L. c. 22C, § 63.1 The material facts leading up to the arrest are not in dispute.

The campus police officers first observed the defendant pumping gasoline...

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