Massachusetts General Laws

Mass. Gen. Laws ch. 276, § 28 (2026)

Arrest without warrant

✓ current as of July 2026

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Section 28. Any officer authorized to serve criminal process may arrest, without a warrant, and detain a person found in the act of stealing property in the presence of the officer regardless of the value of the property stolen and may arrest, without a warrant, and detain a person whom the officer has probable cause to believe has committed a misdemeanor by violating a temporary or permanent vacate, restraining, suspension and surrender,, or no-contact order or judgment issued pursuant to section eighteen, thirty-four B or thirty-four C of chapter two hundred and eight, section three, three B, three C, four or five of chapter two hundred and nine A, section thirty-two of chapter two hundred and nine, or section fifteen or twenty of chapter two hundred and nine C. Said officer may arrest, without a warrant, and detain a person whom the officer has probable cause to believe has committed a misdemeanor involving abuse as defined in section one of chapter two hundred and nine A or has committed an assault and battery in violation of section thirteen A of chapter two hundred and sixty-five against a family or household member as defined in section one of chapter two hundred and nine A. Said officer may arrest and detain a person charged with a misdemeanor, without having a warrant for such arrest in his possession, if the officer making such arrest and detention shall have actual knowledge that a warrant then in full force and effect for the arrest of such person has in fact issued.

Notes of Decisions

Cited in 6 cases, 1981–2017 · leading case: Lunn v. Commonwealth, 78 N.E.3d 1143 (Mass. 2017).

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Lunn v. Commonwealth, 78 N.E.3d 1143 (Mass. 2017). “269, § 10 (ft) (unlicensed firearm offenses); G. L. c. 276, § 28 (various misdemean *532 ors); G.”

Commonwealth v. Skea, 470 N.E.2d 385 (Mass. App. Ct. 1984). “, G. L. c. 276, § 28; G. L. c. 272, §§ 54, 59, 60), pretext searches, not based on genuine and reasonable concern for concealed weapons or destruction of evidence, were the evil intended to be curbed.”

Commonwealth v. Grise, 496 N.E.2d 162 (Mass. 1986). “, G. L. c. 276, § 28 [1984 ed.]), a police officer may arrest without a warrant a person suspected of committing a misdemeanor only where the misdemeanor involves a breach of the peace committed in the officer’s presence.”

Commonwealth v. Murphy, 910 N.E.2d 281 (Mass. 2009). “See also G. L. c. 276, § 28 (“Any officer . . . may arrest, without a warrant .”

Commonwealth v. Urkiel, 826 N.E.2d 769 (Mass. App. Ct. 2005). “See G. L. c. 276, § 28; G. L. c. 209A, § 6(7).”

Commonwealth v. Huffman, 414 N.E.2d 1032 (Mass. App. Ct. 1981). “See G. L. c. 276, § 28, as amended through St.”

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