Fresh Pursuit

[ILLIDELL]

What is the name of your state (only U.S. law)? Massachusetts

Section 98A. A police officer of a city or town who is empowered to make arrests within a city or town may, on fresh and continued pursuit, exercise such authority in any other city or town for any offence committed in his presence within his jurisdiction for which he would have the right to arrest within his jurisdiction without a warrant. Said officer may return any person so arrested to the jurisdiction wherein said offence was committed. Nothing contained in this section shall be construed as limiting the powers of a police officer to make arrests and in so far as possible this section shall be deemed to be declaratory of the common law of the commonwealth.
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A police officer in town A. saw me speeding in the town where he is a police officer. Then followed me 1/4 mi and pulled me over in town B. where he is not a police officer. The police officer then gave me field sobriety test and arrested me in town B. (where he is not a police officer). Brought me back to town A. and booked me. I spent the night in jail...Charged with OUI.

Any chance of getting this dismissed? Did the police officer have the jurisdiction to arrest me in a town where he's not a police officer?

I posted the Fresh Pursuit Law as listed in MA general laws.

[Zigner]

Originally Posted by ILLIDELL

What is the name of your state (only U.S. law)? Massachusetts

Section 98A. A police officer of a city or town who is empowered to make arrests within a city or town may, on fresh and continued pursuit, exercise such authority in any other city or town for any offence committed in his presence within his jurisdiction for which he would have the right to arrest within his jurisdiction without a warrant. Said officer may return any person so arrested to the jurisdiction wherein said offence was committed. Nothing contained in this section shall be construed as limiting the powers of a police officer to make arrests and in so far as possible this section shall be deemed to be declaratory of the common law of the commonwealth.
__________________________________________________________________________

A police officer in town A. saw me speeding in the town he is an police officer. Then followed me 1/4 mi and pulled me over in town B. where he is not an officer. The officer then gave me field sobriety test and arrested me in town B. (where he is not a police officer) Brought me back to town A. and booked me. I spent the night in jail...Charged with OUI.

Any chance of getting this dismissed? Did police officer have the jurisdiction to arrest me in a town where he's not an police officer?

I posted the Fresh Pursuit Law as listed in MA general laws.

Not based on what you posted and yes.

[FlyingRon]

Can't get much more fresh than this one.