MA- Police chiefs try to pass a bill which would allow police officers out of jurisdiction to arrest citizens.

A pending appeal to the state’s highest court on whether to reinstate the latest drunken driving conviction of a habitual offender is shining new light on proposed legislation that would give local law enforcement agencies the power to make arrests outside their jurisdiction.

Local police chiefs and officers have been closely tracking an appeal before the Supreme Judicial Court involving the 2007 conviction of Joseph F. Limone of Winthrop, which was thrown out in Appeals Court last year after it was determined an off-duty police officer involved in the case exceeded his powers outside his jurisdiction.

An opinion from the justices could be rendered in the next few weeks, based on oral arguments that were heard Sept. 8.

In oral arguments before the Supreme Judicial Court on Sept. 8, Middlesex Assistant District Attorney Kevin Curtin argued: “This case presents an opportunity to articulate clear and helpful lines between official conduct and private conduct in a context of off-duty police officers.’’ He added that Kelleher can’t be blamed for being in uniform, and that how he handled the situation “did not constitute arrest, and the officer returned to his own car, consistent with private conduct.’’

Limone’s attorney, Robert H. D’Auria, argued at the hearing that Kelleher went beyond what a private citizen would do in telling Limone to get back in his car and wait for police.

“When you add a police uniform and the color of the law behind everything this ‘citizen’ says or does, it has to be viewed in a different light,’’ D’Auria told the justices. “Before we expand the authority of a police officer to engage in this conduct outside of their territorial jurisdiction, we have to also take note of the potential for anarchy and vigilantism. . . . Do we want a guy from Nevada, [saying] ‘Hey, I happen to have my uniform,’ making these types of decisions in Massachusetts? Do we want to promote that?’’


Link:
http://www.boston.com/news/local/articles/2011/09/18/local_police_chiefs_seek_enforcement_power_in_all_communities/?page=2