Massachusetts General Laws

Mass. Gen. Laws ch. 41, § 98A (2026)

Arrest on fresh and continued pursuit

✓ current as of July 2026

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Section 98A. A police officer of a city or town who is empowered to make arrests within a city or town may, on fresh and continued pursuit, exercise such authority in any other city or town for any offence committed in his presence within his jurisdiction for which he would have the right to arrest within his jurisdiction without a warrant. Said officer may return any person so arrested to the jurisdiction wherein said offence was committed. Nothing contained in this section shall be construed as limiting the powers of a police officer to make arrests and in so far as possible this section shall be deemed to be declaratory of the common law of the commonwealth.

Notes of Decisions

Cited in 30 cases (1 in the last 5 years), 1981–2025 · leading case: Commonwealth v. Grise, 496 N.E.2d 162 (Mass. 1986).

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Commonwealth v. Grise, 496 N.E.2d 162 (Mass. 1986). · cites it 6× “G. L. c. 41, § 98A (1984 ed.). *248 On December 12, 1984, two officers of the Ludlow police department, operating a marked Ludlow police cruiser, were stopped at a traffic light at an intersection in the city of Springfield.”

Commonwealth v. LeBlanc, 551 N.E.2d 906 (Mass. 1990). · cites it 5× “The Legislature, through G. L. c. 41, § 98A (1988 ed.), permitted extraterritorial “fresh pursuit” arrests for any arrestable offense, whether it be a felony or misdemeanor, initially committed in the arresting officer’s presence and within his jurisdiction.”

Commonwealth v. Savage, 719 N.E.2d 473 (Mass. 1999). · cites it 6× “247 (1986), applying G. L. c. 41, § 98A, 5 we affirmed the dismissal of a complaint charging operating while under the influence of *345 intoxicating liquor.”

Commonwealth v. Gray, 667 N.E.2d 1125 (Mass. 1996). · cites it 3× “G. L. c. 41, § 98A (1994 ed.). 2 Detective Deignan was within his jurisdiction when he observed the defendant speeding and signaled him to stop.”

Commonwealth v. Owens, 609 N.E.2d 1208 (Mass. 1993). “247, 249 (1986); G. L. c. 41, § 98A (1990 ed.). See also Commonwealth v.”

Commonwealth v. Kerr, 565 N.E.2d 1201 (Mass. 1991). · cites it 2× “G.L.c. 41, § 98A (1988 ed.). Second, an officer has the power to arrest without a warrant in another territory when he has been specially sworn in as a police officer in that neighboring territory.”

Commonwealth v. Hernandez, 924 N.E.2d 709 (Mass. 2010). “247 (1986), we affirmed the dismissal of a complaint charging the defendant with operating while under the influence of intoxicating liquor, where the arrest was made outside the arresting officer’s jurisdiction, and not in “fresh and continued pursuit” of the motorist within…”

Commonwealth v. Limone, 957 N.E.2d 225 (Mass. 2011). · cites it 2× “G. L. c. 41, § 98A. See Grise, supra. A second exception permits an officer employed in one jurisdiction, and sworn in as a special police officer in a second jurisdiction, to effectuate an arrest in the second jurisdiction.”

Commonwealth v. Dise, 583 N.E.2d 271 (Mass. App. Ct. 1991). · cites it 2× “See G. L. c. 41, § 98A, which permits extraterritorial “fresh pursuit” arrests for arrestable offenses committed in the arresting officer’s presence and within his jurisdiction.”

Commonwealth v. Claiborne, 667 N.E.2d 873 (Mass. 1996). · cites it 2× “Harris, supra, quoting G. L. c. 41, § 98A (1994 ed.). 2 See Commonwealth v.”

Commonwealth v. Harris, 415 N.E.2d 216 (Mass. App. Ct. 1981). “12, at 136 [1967]; Smith, Criminal Practice and Procedure § 103 [1970]), unless the officer is “on fresh and continued pursuit” of a felon “for any offence committed in his presence within his jurisdiction” (G. L. c. 41, § 98A, inserted by St. 1967, c.”

Commonwealth v. McCrohan, 610 N.E.2d 326 (Mass. App. Ct. 1993). · cites it 3× “The issue here was not the power of the Freetown officers to arrest Mc-Crohan but whether they were “engaged in the performance of [their] dut[ies]” at the time of the melee with McCrohan which the jury found involved an assault and battery upon them by McCrohan.”

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