Ford v. Breen

• Citation: 53 N.E. 136,173 Mass. 52
• Parties: FORD v. BREEN et al.
• Decision Date: 03 March 1899
• Court: United States State Supreme Judicial Court of Massachusetts

173 Mass. 52

53 N.E. 136

FORD v. BREEN et al.

Supreme Judicial Court of Massachusetts, Middlesex.

March 3, 1899

COUNSEL

Jerome F. Manning, for plaintiff.

Francis W. Qua, for defendants.

OPINION

KNOWLTON, J.

This is an action of tort against two police officers for an alleged illegal arrest and imprisonment. The evidence tended to show that the plaintiff was intoxicated, and was committing a breach of the peace in a dwelling house where she resided, and that the defendants entered the house and arrested her there without a warrant. The plaintiff excepted to the refusal of the judge to rule that the defendants had no right to arrest her in her dwelling house, and to his ruling that if she was in a state of intoxication, committing a breach of the peace or disturbing others, the defendants were authorized to make the arrest. This ruling was precisely in accordance with Pub.St. c. 207, § 25, which provides that "whoever is found in a state of intoxication in a public place, or is found in any place in a state of intoxication committing a breach of the peace or disturbing others by noise, may be arrested without a warrant by a sheriff, deputy sheriff, constable, watchman or police officer," etc. The plaintiff contends that the words "any place" were not intended to include a dwelling house; but there is no good foundation for this contention. No expression could be found that would be broader in its inclusiveness. The case of Com. v. Tobin, 108 Mass. 426-429, is a direct adjudication against the plaintiff's contention. See, also, Parker v. Barnard, 135 Mass. 116, 117.

The averments of the answer, setting up a justification, were sufficient to warrant the introduction of the evidence relied on by the defendants. The ruling that, if the defendants found the door of the house open, they had a right to enter the house without an express or implied invitation, was correct. Exceptions overruled.