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Commonwealth v. Montoya

Citations

  • 457 Mass. 102
  • 928 N.E.2d 317
  • 2010 Mass. LEXIS 385

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a fleeing suspect created a “substantial risk of bodily injury” to officers when he ran from officers and scaled a fence abutting the precipice of a canal in dim light
  • defendant created substantial risk that officers could trip or fall when he climbed fence and jumped into canal
  • police effecting arrest when officers confronted defendant after chase with weapons drawn and ordered him to raise his arms and step away from set of stairs
  • even where pursuing officers chose not to scale a fence and jump twenty feet into shallow water, that they did not actively subject themselves to risk did not defeat a finding of “substantial risk of bodily injury”
  • listing elements of resisting arrest

Source: CourtListener parenthetical corpus (CC0).

Judges: Marshall, Ireland, Spina, Cowin, Cordy, Botsford, Gants

Read full opinion on CourtListener

Cited by

8 cases in this archive cite this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.