Commonwealth v. Limone
460 Mass. 834
| Mass. | 2011Background
- Limone was charged with OUI (seventh or subsequent offense), license suspension for prior OUI, and license revocation after a Woburn encounter with off-duty Somerville Officer Kelleher.
- Kelleher, in uniform but driving a private car in his jurisdiction, assisted at the scene of a motor vehicle collision and formed the impression Limone was intoxicated.
- Kelleher removed Limone’s ignition keys and instructed him to wait in his car, contacting the Woburn police to arrive.
- Woburn Officer Simonds arrived, asked for Limone’s license/registration, observed a whiskey bottle, performed field sobriety tests, and arrested Limone with BAC .12.
- Limone moved to suppress all evidence as the result of an unlawful extraterritorial arrest by Kelleher; trial court denied the motion; convictions followed.
- Appeals Court reversed, holding Kelleher’s actions were an unlawful arrest; the Supreme Judicial Court granted further appellate review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Kelleher's extraterritorial actions constitute an arrest triggering the citizen's arrest rule? | Limone: Kelleher acted as private citizen arrest outside jurisdiction. | Limone: the contact was an arrest; evidence should be suppressed. | No arrest; not trigger for suppression. |
| Were Kelleher's actions an investigatory stop rather than an arrest? | Limone: actions were unlawful arrest; stop is inadequate. | Limone: actions show seizure/arrest beyond investigatory stop. | Actions constituted an investigatory stop, not an arrest. |
| Does the common-law rule against citizen's arrests apply to a police officer acting as a private citizen outside jurisdiction? | Limone: rule bars officer’s extraterritorial arrest; suppression required. | Limone: exceptions or nuances could apply; not arrest here. | Officer did not perform a citizen's arrest; no suppression required. |
| Whether the evidence obtained was admissible despite extraterritorial actions? | Limone: should be excluded as fruit of unlawful arrest. | Limone: stop and preventive measures valid; evidence admissible. | Evidence admissible; no suppression. |
| Is Kelleher's conduct within reasonable preventive measures under Terry/Moses precedent? | Limone: unconstitutional intrusion beyond arrest. | Limone: reasonable protective actions to ensure safety. | Conduct reasonable; not an arrest. |
Key Cases Cited
- Commonwealth v. Grise, 398 Mass. 247 (1986) (private citizen arrest limitations for misdemeanors; extraterritorial context discussed)
- Commonwealth v. Twombly, 435 Mass. 440 (2001) (special officer aid; limitations on cross-jurisdiction arrests)
- Commonwealth v. Quintos Q., 457 Mass. 107 (2010) (stop vs. arrest; intent and communication standards)
- Commonwealth v. Tynes, 400 Mass. 369 (1987) (non-custodial initial contact; arrest timing in context)
- Commonwealth v. Moses, 408 Mass. 136 (1990) (protective measures short of arrest; Terry stop rationale)
- Commonwealth v. Hernandez, 456 Mass. 528 (2010) (common-law exclusion as deterrent; no misconduct here)
- Commonwealth v. Martinez, 458 Mass. 684 (2011) (arrest timing and six-hour safe harbor context)
- Commonwealth v. Grandison, 433 Mass. 135 (2001) (four-factor test for arrest understanding)