104 Mass. App. Ct. 739
Mass. App. Ct.2024Background
- In August 2019, Detective (in plain clothes but displaying badge) investigated a stabbing in Brockton, noticing Michael W. Tyson sitting in a parked car with the engine running.
- The officer asked Tyson to roll down his window; Tyson refused multiple times and responded dismissively when the officer opened his car door.
- Tyson allegedly pulled the door forcefully into the officer’s body.
- The officer struck Tyson, pulled him out of the car, and announced he was under arrest; Tyson tried to pull away but was handcuffed, later refusing to identify himself or cross his legs.
- Tyson was charged with assault and battery on a police officer, resisting arrest, and disorderly conduct; a District Court judge dismissed all charges for lack of probable cause.
- On appeal, only the charges of assault and battery on a police officer and resisting arrest were contested by the Commonwealth.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for assault and battery | Defendant intentionally struck officer with car door during lawful performance of duties | Act was response to unlawful entry; intent to use force was not established, nor was right/excuse lost | Reversed dismissal; sufficient facts for charge to proceed |
| Probable cause for resisting arrest | Defendant knowingly resisted arrest after being told he was under arrest | Conduct did not meet standard for force/threat/bodily risk; attempted pull-away not enough | Affirmed dismissal; no probable cause for resisting arrest |
| Officer engaged in duties despite error | Officer’s intrusion not so egregious as to strip official character, so duties standard met | Unlawful door opening voided official duties status | Court found officer was performing duties for charge’s purposes |
| Right to use force in unlawful entry | Even if door opening was unlawful, no right to use force absent excessive force by officer | Defendant could forcefully resist unlawful entry (no intent to injure) | Modern rule prohibits use of force to resist entry in this context |
Key Cases Cited
- Commonwealth v. Humberto H., 466 Mass. 562 (probable cause assessed from four corners of complaint)
- Commonwealth v. Porro, 458 Mass. 526 (intentional vs. reckless touching in assault and battery)
- Commonwealth v. Moore, 36 Mass. App. Ct. 455 (duty performance by police officer)
- Commonwealth v. Warren, 475 Mass. 530 (suspect’s right to ignore police questions)
- Commonwealth v. Moreira, 388 Mass. 596 (no right to forcefully resist arrest even if arrest is unlawful)
- Commonwealth v. Gomes, 59 Mass. App. Ct. 332 (limits on using force to resist unlawful police entry)
- Commonwealth v. Hart, 467 Mass. 322 (fact-intensive inquiry for resisting arrest)