Massachusetts General Laws

Mass. Gen. Laws ch. 94C, § 41 (2026)

Arrest without warrant

✓ current as of July 2026

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Section 41. A police officer shall have the authority to arrest without a warrant:

(a) any person committing in his presence any offense set forth in this chapter;

(b) any person who he has probable cause to believe has committed or is committing a felony set forth under the provisions of this chapter; or

(c) any person who he has probable cause to believe has committed or is committing a violation of the provisions of sections twenty-seven, thirty-two, thirty-two A, thirty-two B, thirty-two C, thirty-two D, thirty-two E, thirty-two F, thirty-three, thirty-four, thirty-five, thirty-seven and forty.

Notes of Decisions

Cited in 5 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). “91, § 58 (misdemeanors committed in or upon certain Massachusetts waterways); G. L. c. 94C, § 41 (controlled substance offenses); G.”

Commonwealth v. Huffman, 414 N.E.2d 1032 (Mass. App. Ct. 1981). · cites it 2× “The police probably placed reliance on G. L. c. 94C, § 41, the over-broad terms of which may have given them misplaced but reasonable confidence in the course of action pursued.”

Commonwealth v. Douglas, 503 N.E.2d 28 (Mass. 1987). “See G. L. c. 94C, § 41 (1984 ed.) (warrantless arrests for narcotic offenses committed in officer’s presence); G.”

United States v. Khut, 490 F. Supp. 2d 35 (D. Mass. 2007). “See Mass. Gen. Laws c. 94C, § 41 (“Section 41”).”

Commonwealth v. Maurice, 30 Mass. L. Rptr. 646 (Mass. Super. Ct. 2013). “The police indisputably had probable cause to believe that the defendant had committed the felony of distributing cocaine at least three times in the ten days preceding his apprehension. This would have entitled them to arrest and charge him, had they been so inclined, for the…”

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