Commonwealth v. Jacobsen (1995)
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· 24 citation events
across 3 courts.
Showing the 18 strongest citers on record
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O'Gara v. St. Germain (2017)
L. c. 209A, § 6(7), the Legislature expanded the authority of the police to make warrantless arrests for certain misdemeanors in the context of domestic abuse." Commonwealth v. Jacobsen, 419 Mass. 269, 272 (1995).
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Commonwealth v. Huggins (2013)
This argument overlooks the fact that “[a]n illegal arrest, without more, has never been viewed as a bar to subsequent prosecution, nor as a defense to a valid conviction.” Commonwealth v. Jacobsen, 419 Mass. 269, 275 (1995), quoting from United States v. Crews, 445 U.S. 463, 474 (1980). 3 Because the defendant went to trial and was found guilty, there is no basis for a claim of prejudice resulting from a pretrial determination of probable cause.
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Commonwealth v. Kerns (2007)
L. c. 275, § 3, provides that a warrant for that offense may issue only after a complaint is filed by the person threatened, and then only after a judge (or magistrate) examines the sworn testimony of the complainant, and any witnesses, and determines that there is “just cause to fear that such crime may be committed.” See Commonwealth v. Jacobsen, 419 Mass. 269, 271 (1995).
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Richardson v. City of Boston (2001)
L. c. 209A, § 6(7), the Legislature expanded the authority of police to make warrantless arrests for certain misdemeanors in the context of domestic abuse.” Commonwealth v. Jacobsen, 419 Mass. 269, 272 (1995). 7 General Laws c. 209A, § 6, as amended through St. 1990, c. 403, § 7,* **** 8 in portions relevant here, provides as follows: “Whenever any law officer has reason to believe that a family or household member has been abused or is in danger of being abused, such office…
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Commonwealth v. DiMarzio (2001)
Although threatening to commit a crime is a misdemeanor, and absent statutory authority not present here, a police officer may not arrest without a warrant unless the misdemeanor involves a breach of the peace committed in the presence or view of the officer, Commonwealth v. Jacobsen, 419 Mass. 269, 272 (1995), we do not consider the misdemeanor/felony distinction to be the focus of our inquiry when determining whether the “need to protect or preserve life or avoid serious i…
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Commonwealth v. Hill (2000)
See Santiago v. Fenton, 891 F.2d 373, 387 (1st Cir. 1989) (“[1]ack of probable cause to arrest would not preclude a prosecution for the same offense”); Commonwealth v. Jacobsen, 419 Mass. 269, 275 (1995).
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Larkin v. Ayer Division of District Court Department (1997)
Cf. Commonwealth v. Jacobsen, 419 Mass. 269, 273-274 (1995).
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Commonwealth v. Hernandez (1995)
See Commonwealth v. Jacobsen, 419 Mass. 269, 276 (1995) (“egregious misconduct or at least a serious threat of prejudice”), quoting Commonwealth v. Cinelli, 389 Mass. 197, 210 , cert. denied, 464 U.S. 860 (1983); accord Commonwealth v. Connelly, 418 Mass. 37, 38 (1994).
“egregious misconduct or at least a serious threat of prejudice”
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Schechter v. Schechter (2015)
See Commonwealth v. Jacobsen, 419 Mass. 269, 273-274 (1995); Smith v. Jones, 67 Mass. App. Ct. 129, 132-133 (2006).
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Commonwealth v. Jones (2011)
See Commonwealth v. Jacobsen, 419 Mass. 269, 275 (1995).
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Commonwealth v. Greenwood (2011)
See Commonwealth v. Jacobsen, 419 Mass. 269 , 275 n.6 (1995), quoting from Crews, supra at 474 n.10 (“Our numerous precedents ordering the exclusion of such illegally obtained evidence assume implicitly that the remedy does not extend to barring the prosecution altogether.
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Keene v. Gangi (2004)
See Commonwealth v. Jacobsen, 419 Mass. 269, 273-274 (1995).
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Commonwealth v. Marquez (2001)
See Commonwealth v. Jacobsen, 419 Mass. 269, 275 (1995); Commonwealth v. Fredette, 396 Mass. 455, 458-459 (1985); Commonwealth v. Bradshaw, 385 Mass. 244, 258 (1982).
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Commonwealth v. Mantinez (1998)
See Commonwealth v. Jacobsen, 419 Mass. 269, 275 (1995).
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Shafnacker v. Raymond James & Associates, Inc. (1997)
See Commonwealth v. Jacobsen, 419 Mass. 269 , 270 n.1 (1995).
Compare Robicheau, supra at 182-183 , and Commonwealth v. Gordon, 407 Mass. 340, 348-350 (1990), with Commonwealth v. Jacobsen, 419 Mass. 269, 273-274 (1995).
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Commonwealth v. Robicheau (1995)
See also Commonwealth v. Jacobsen, 419 Mass. 269, 274 (1995).
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Hillis v. Lake (1995)
See Commonwealth v. Jacobsen, 419 Mass. 269 , 270 n.l (1995).