Mass. Gen. Laws » Part III Title II Chapter 231
Massachusetts General Laws

Mass. Gen. Laws ch. 231, § 94A (2026)

Probable cause as defence in action for false arrest

✓ current as of July 2026
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Section 94A. If a person authorized to make an arrest shall have probable cause to believe that a misdemeanor for which he may make an arrest is being committed in his presence, such probable cause shall be a defence in an action brought against him for false arrest or imprisonment.

Notes of Decisions
Cited in 10 cases, 1974–2011 · leading case: Goddard v. Kelley, 629 F. Supp. 2d 115 (D. Mass. 2009).
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Goddard v. Kelley, 629 F. Supp. 2d 115 (D. Mass. 2009). “See also Mass. Gen. Laws ch. 231, § 94A. If the statute criminalizing an act provides explicit authority for a warrantless arrest, those limitations do not apply.”
Sietins v. Joseph, 238 F. Supp. 2d 366 (D. Mass. 2003). “Similarly, the Police Defendants' reliance on Mass. Gen. Laws ch. 231, § 94A is misplaced as that statute does not apply to felony charges such as the one made here.”
Commonwealth v. Grise, 496 N.E.2d 162 (Mass. 1986). “See G. L. c. 231, § 94A (1984 ed.) (providing a defense to an action for false arrest for any “person authorized to make an arrest” who, upon probable cause, arrests someone for a misdemeanor committed in his presence).”
LaFrenier v. Kinirey, 478 F. Supp. 2d 126 (D. Mass. 2007). “Similarly, Mass. Gen. Laws ch. 231, § 94A states that [i]f a person authorized to make an arrest shall have probable cause to believe that a misdemeanor for which he may make an arrest is being committed in his presence, such probable cause shall be a defence [sic] in an action…”
Eason v. Alexis, 824 F. Supp. 2d 236 (D. Mass. 2011). “M.G.L. c. 231, § 94A; Philbrook v. Perrigo, 637 F.”
Godette v. Stanley, 490 F. Supp. 2d 72 (D. Mass. 2007). “COUNT VIII — FALSE IMPRISONMENT Mass. Gen. L. ch 231, § 94A provides that “[i]f a person authorized to make an arrest shall have probable cause to believe that a misdemeanor for which he may make an arrest is being committed in his presence, such probable cause shall be a…”
Noel v. Town of Plymouth, Mass., 895 F. Supp. 346 (D. Mass. 1995). “at 383 (citing, inter alia, Mass.Gen.L. ch. 231, § 94A). Because there are disputed issues of fact concerning the basis for the arrest, summary judgment is denied on Count III against Warnock and Fistori.”
Commonwealth v. Conway, 316 N.E.2d 757 (Mass. App. Ct. 1974). “4 Further insight into legislative intent with respect to the authority of an officer to arrest without a warrant for a misdemeanor, only when committed in his presence, is gained by an examination of the language of G.”
Finucane v. Town of Belchertown, 808 F. Supp. 906 (D. Mass. 1992). “See Mass.Gen. Laws ch. 231, § 94A (probable cause is a defense against a claim for false imprisonment).”
Philbrook v. Perrigo, 637 F. Supp. 2d 48 (D. Mass. 2009). “See M.G.L. c. 231, § 94A (existence of probable cause to make an arrest is a defense to claims of false arrest or imprisonment); Chervin v.”
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