# Question about arrestable misdemeanors not commited in presence of officer.



## Code.00 (Oct 5, 2011)

Hi,
I have a question about arrestable misdemeanors not committed in the presence of an officer...specifically in Boston. Can a person be arrested for assault if an officer did not witness the offense, or can the victim only file criminal charges and take the person to court? Lets say someone got assaulted (face beaten severely, no weapon) in a state owned building, and the assailant is still in the building...can the campus police officer (or a state police officer) make an arrest if they did not witness the assault?

Thanks in advance for any input!


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## Code.00 (Oct 5, 2011)

Good question. If two men share a room at a shelter, can that be considered domestic?


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## grn3charlie (Jul 18, 2005)

Wolfman said:


> More specifics about the nature of the assault...Domestic?


And further, on what campus did you get arrested?


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## Guest (Oct 5, 2011)

Generally, there has to be a domestic relationship in order to make an arrest for a past simple A&B. However, theres is a provision in MGL about state troopers being able to make past misdemeanor arrests on state property, but I'm too lazy to look it up right now.


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## Code.00 (Oct 5, 2011)

I am neither the assailant or the victim. I am just a neutral party trying to figure out what proper procedure/response is, and if that took place. An arrest may or may not of taken place...I'm keeping details vague for a reason.


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## Code.00 (Oct 5, 2011)

So aggravated assault/serious bodily harm that wasn't witnessed by an officer is an arrestable offense? Do campus police officers have the ability to arrest/detain or do state police (in this situation since its state property) only have that ability?


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## HistoryHound (Aug 30, 2008)

It depends were the campus police officers wearing their hats?


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## 7costanza (Aug 29, 2006)

Again im not LE, but I thought that in order to meet the requirement for DV they either had to have children together, have had atleast one date or a shared address ( which the shelter would meet) ?


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## fra444 (Nov 23, 2008)

Are related by blood or marriage, are or were in a serious dating relationship, ARE OR WERE LIVING TOGETHER is all considered domestic, therefore arrestable in the past. Don't believe it was severe enough to be agrivated as that would raise it to a felony. Oh and I'm 99% sure any campus PD can arrest for that, when is the last time you saw MSP respond to ANY campus for something like this?


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## Code.00 (Oct 5, 2011)

Ok got some updates today on the incident. I don't think my original question is even an issue now since the incident wasn't a "simple assult" but aggravated a/b...but most likely a/b with a dangerous weapon...both felonies. but for future reference...what misdemeanors are arrestable without an officer being witness?


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## grn3charlie (Jul 18, 2005)

Wolfman said:


> Well then don't be surprised if the answers are vague.
> 
> Sheesh.


Stole my thunder there wolfman! But I will yield to your sense of timing.


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## Guest (Oct 6, 2011)

Code.00 said:


> but for future reference...what misdemeanors are arrestable without an officer being witness?


For a past misdemeanor, any right of arrest has to be granted by statute (written into the law).

Unless you tell us the exact circumstances, that's as precise an answer as you're going to get.


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## SPQR (Sep 26, 2007)

Code.00 said:


> I am neither the assailant or the victim. I am just a *neutral* party trying to figure out what proper procedure/response is, and if that took place. An arrest may or may not of taken place...I'm keeping details vague for a reason.


Apparently you are not...you have an agenda just like everyone else that come here and asks a question...both sides will be given lawyers if they want and details about what transpired can be hashed out in court. Good luck finding your golden nugget of legal information that's going to break this case wide open! :smoke:


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## CJIS (Mar 12, 2005)

Aww you are no fun. Here see this thread http://www.masscops.com/f21/13-arrestable-misdemeanors-1856/


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## Somebody's Dad (Sep 26, 2011)

CJIS said:


> Aww you are no fun. Here see this thread http://www.masscops.com/f21/13-arrestable-misdemeanors-1856/


Had no idea you could get arrested for not returning a library book. Makes sense though.


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## csauce777 (Jan 10, 2005)

Delta784 said:


> Generally, there has to be a domestic relationship in order to make an arrest for a past simple A&B. However, theres is a provision in MGL about state troopers being able to make past misdemeanor arrests on state property, but I'm too lazy to look it up right now.


At inservice they spoke to the right of arrest for A&B under the HPO statute. They specifically said even bar fight simple A&B's in the past are technically arrestable now. Because the language is so loose, it leaves it open.

See below...it specifically says if no order exists, arrest is the preferred response if "has committed an assault and battery in violation of section 13A of chapter 265." It doesn't say it must be harassment AND an A&B.

Again, they specifically identified a "bar fight" as the example. I'm not saying it should be that way, but it's what they taught.

"(8) arrest any person that a law officer witnessed or has probable cause to believe violated a temporary or permanent vacate, restraining, stay-away or no-contact order or judgment issued under this chapter or similar protection order issued by another jurisdiction; provided, however, that if there are no vacate, restraining, stay-away or no-contact orders or judgments in effect, arresting the person shall be the preferred response if the law officer witnessed or has probable cause to believe that a person: (i) has committed a felony; (ii) has committed a misdemeanor involving harassment or abuse as defined in section 1; or (iii) has committed an assault and battery in violation of section 13A of chapter 265; provided further, that the safety of the victim shall be paramount in any decision to arrest; and provided further, that if a law officer arrests both parties, the law officer shall submit a detailed, written report in addition to an incident report, setting forth the grounds for arresting both parties."


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## Guest (Oct 6, 2011)

csauce777 said:


> At inservice they spoke to the right of arrest for A&B under the HPO statute. They specifically said even bar fight simple A&B's in the past are technically arrestable now. Because the language is so loose, it leaves it open.


Those would fall under the "granted by statute" exception I mentioned a few posts before the one you quoted.

And if anyone thinks I'm making a simple A&B arrest for a bar fight I didn't witness, where you *never* get the whole story, I would suggest mental health counseling.


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## CJIS (Mar 12, 2005)

csauce777 said:


> At inservice they spoke to the right of arrest for A&B under the HPO statute. They specifically said even bar fight simple A&B's in the past are technically arrestable now. Because the language is so loose, it leaves it open.
> 
> See below...it specifically says if no order exists, arrest is the preferred response if "has committed an assault and battery in violation of section 13A of chapter 265." It doesn't say it must be harassment AND an A&B.
> 
> ...


I was told the same.

---------- Post added at 13:02 ---------- Previous post was at 13:01 ----------



Delta784 said:


> Those would fall under the "granted by statute" exception I mentioned a few posts before the one you quoted.
> 
> And if anyone thinks I'm making a simple A&B arrest for a bar fight I didn't witness, where you *never* get the whole story, I would suggest mental health counseling.


Got that right. That is a can of worms I am not opening.


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## csauce777 (Jan 10, 2005)

Delta784 said:


> Those would fall under the "granted by statute" exception I mentioned a few posts before the one you quoted.
> 
> And if anyone thinks I'm making a simple A&B arrest for a bar fight I didn't witness, where you *never* get the whole story, I would suggest mental health counseling.


I must have missed your initial comment about the exceptions. My bad.

Yeah, I agree with you, I wouldn't make the arrest either. It's just the example they used.


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