Massachusetts Appeals Court· 8/9/2002

Commonwealth v. Smith

Citations

55 Mass. App. Ct. 569
772 N.E.2d 1084
2002 Mass. App. LEXIS 1055

How courts have described this case

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

holding that “the [resisting arrest] statute cannot apply when the police have attempted to seize or detain a person only for the purpose of making a threshold inquiry, as distinct from making an arrest”
resisting arrest statute cannot apply when police attempt to seize person only for purpose of threshold inquiry, as distinct from making arrest
reversal of resisting arrest conviction of defendant who forcefully resisted a police officer who was attempting to stop, but not arrest, defendant
no reasonable suspicion where officer \did not observe any actual transaction or furtive activity on the part of the defendant\
stop for purpose of making threshold inquiry is not arrest, and statute does not apply
evidence insufficient to support conviction of resisting arrest where responding officer \testified that his intent at the time was only to make a threshold inquiry\

Source: CourtListener parenthetical corpus (CC0).

Judges: Mason

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Cited by

12 cases in this archive cite this case.

Cites

23 cases in this archive are cited by this case; the 20 most cited are listed.

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