Pulled Over, Ticketed by Cop from Neighboring Town

**24ig** · 11-30-2005, 11:27 AM

Just looking for clarification on this. I was followed close behind and eventually pulled over for an expired inspection sticker by a Concord, MA Police Officer, However, upon noticing the day, that the place where he followed me from behind and where he pulled me over, was, to my knowledge, in the neighboring town of Acton. The "Entering Concord" sign is ahead about 1/4 of a mile. I believe he was nowhere near his Jurisdiction to have the legal right to ticket me for this infraction. Should I fight it, or does anyone have any info on the massachusetts law?

Thanks,
DM

**Mr. Knowitall** · 11-30-2005, 12:55 PM

There's no reason not to object to jurisdiction - I've seen cases like that win. Under Massachusetts law a police officer lacks authority outside his jurisdiction to stop and investigate the operation of a motor vehicle unless permitted to do so by provision of statute or the common law. (See Commonwealth v. Savage, 430 Mass. 341, 346, 719 N.E.2d 473 (1999)). As an example of when the jurisdictional issue may not be as clear as the city name on the door of a police car, an officer in one town will be sworn in as a "special officer" in another town, such that he can make arrests in the other town's jurisdiciton. (See, e.g., G. L. c. 41, Â§ 99).

**Fxston** · 11-30-2005, 01:10 PM

Generally a police offer is allowed to chase or follow a "violator" into another jurisdiction if the violation originated within the officer's jurisdiction, but not usually over state lines, unless you are talking about federal law enforcement. There may be some other exceptions, but the comment is not meant to be all inclusive. You should be able to get an accurrate map in either jurisdiction.

You could go to any library that has a copy of the state's statutes and look up the violation you have been charged with, along with any pertinent case law, and use the index to research statutes regarding jurisdiction. You may find it easier to do this in a law library as the librarians are more knowledgeable about how to do some basic legal research. Usually the county has a law library as well as any law school.