Com. v. Holmes
| Court | United States State Supreme Judicial Court of Massachusetts |
| Writing for the Court | Before WILKINS; WILKINS |
| Citation | 183 N.E.2d 279,344 Mass. 524 |
| Parties | COMMONWEALTH v. Neely J. HOLMES. |
| Decision Date | 11 June 1962 |
Page 279
v.
Neely J. HOLMES.
Decided June 11, 1962.
Page 280
Sumner H. Smith, Lynn, for defendant.
John N. Nestor, Asst. Dist. Atty., for Commonwealth.
Before WILKINS, C. J., and SPALDING, WILLIAMS, CUTTER, and SPIEGEL, JJ.
[344 Mass. 525] WILKINS, Chief Justice.
The defendant was convicted of the offense of assault and battery upon one Carter by means of a dangerous weapon, in this case a knife. G.L.(Ter.Ed.) c. 265, § 15A. This crime was a felony. G.L.(Ter.Ed.) c. 274, § 1. The case was made subject to G.L. c. 278, §§ 33A-33-G. The defendant appealed, and filed an assignment of errors.
1. Assignments 3, 4, and 5 are based upon the admission in evidence of the knife which, it is asserted, was obtained as the result of an illegal search and seizure by two police officers of the city of Lynn which was made at the defendant's house on October 15, 1961. The defendant relies upon Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081, which had been decided on June 19, 1961. So, there is no question as to retroactive effect, as in Petition of Dirring, Mass., 183 N.E.2d 300.
There was, however, no error. The Commonwealth does not take the position that the officers had either a search warrant or a warrant for the defendant's arrest. But a search warrant was not required if, as the Commonwealth contends, the knife was discovered in a reasonable search incident to a lawful arrest. Agnello v. United States, 269 U.S. 20, 30, 46 S.Ct. 4, 70 L.Ed. 145; United States v. Rabinowitz, 339 U.S. 56, 60-64, 70 S.Ct. 430, 94 L.Ed. 653; Abel v. United States, 362 U.S. 217, 235-237, 80 S.Ct. 683, 4 L.Ed.2d 668.
The police officers could arrest the defendant without a warrant if they reasonably believed that he had committed a felony. Muniz v. Mehlman, 327 Mass. 353, 356, 99 N.E.2d 37, and cases cited. The evidence indicates (1) such reasonable belief and (2) that an arrest in fact occurred. The defendant had spent the day off and on with Carter and one Jordan, at times drinking intoxicating liquor. In the evening they were in the apartment of Jordan and Carter. The defendant made two attempts to go upstairs where a girl had a room. Jordan then ordered him to leave the house, and a brawl ensued during which Carter, who had stepped between the antagonists, received cuts on the head, hand, and chest requiring seventeen stitches. The defendant...
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Com. v. Harris
...a police officer may make a warrantless arrest of any person who he reasonably believes has committed a felony. Commonwealth v. Holmes, 344 Mass. 524, 525, 183 N.E.2d 279 (1962). The officer's official authority to make such a warrantless arrest, however, is limited to the territorial juris......
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Com. v. Jacobs
...362 U.S. 217, 234-238, 80 S.Ct. 683, 4 L.Ed.2d 668. See Commonwealth v. Laudate, Mass., 186 N.E.2d 598. b Cf. Commonwealth v. Holmes, 344 Mass. 524, 525, 183 N.E.2d 279. The Rabinowitz case, however, points out (339 U.S. p. 60, 70 S.Ct. p. 432, 4 L.Ed.2d 653) that 'a search without warrant ......
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Com. v. Bosurgi
...his person? Officers are not required to make any formal declaration of arrest or use the word 'arrest' (Commonwealth v. Holmes, Mass., 183 N.E.2d 279, 280, 281) nor to apply manual force or exercise 'such physical restraint as to be visible to the eye' in order to arrest a person: McAleer ......
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Commonwealth v. Bosurgi
...his person? Officers are not required to make any formal declaration of arrest or use the word 'arrest' (Commonwealth v. Holmes, Mass., 183 N.E.2d 279, 280, 281) nor to apply manual force or exercise 'such physical restraint as to be visible to the eye' in order to arrest a person: McAleer ......
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Com. v. Harris
...a police officer may make a warrantless arrest of any person who he reasonably believes has committed a felony. Commonwealth v. Holmes, 344 Mass. 524, 525, 183 N.E.2d 279 (1962). The officer's official authority to make such a warrantless arrest, however, is limited to the territorial juris......
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Com. v. Jacobs
...362 U.S. 217, 234-238, 80 S.Ct. 683, 4 L.Ed.2d 668. See Commonwealth v. Laudate, Mass., 186 N.E.2d 598. b Cf. Commonwealth v. Holmes, 344 Mass. 524, 525, 183 N.E.2d 279. The Rabinowitz case, however, points out (339 U.S. p. 60, 70 S.Ct. p. 432, 4 L.Ed.2d 653) that 'a search without warrant ......
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Com. v. Bosurgi
...his person? Officers are not required to make any formal declaration of arrest or use the word 'arrest' (Commonwealth v. Holmes, Mass., 183 N.E.2d 279, 280, 281) nor to apply manual force or exercise 'such physical restraint as to be visible to the eye' in order to arrest a person: McAleer ......
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Commonwealth v. Bosurgi
...his person? Officers are not required to make any formal declaration of arrest or use the word 'arrest' (Commonwealth v. Holmes, Mass., 183 N.E.2d 279, 280, 281) nor to apply manual force or exercise 'such physical restraint as to be visible to the eye' in order to arrest a person: McAleer ......