A & b

[dlw99]

What is the name of your state (only U.S. law)? Massachusetts

It's my understanding that police cannot arrest someone for assault and battery unless they witness the assault.

There are conflicting stories in our newspapers about a recent A&B.

One says the suspect was arrested and charged with A&B after slapping a school administrator at a local bank, another says police sent summons to the suspect's home, presumably to appear for a show cause hearing.

Question: If the cops saw the assault on the bank's video system, would that allow them to arrest the suspect, since, in effect, they did witness the assault?

 

[randolph76]

The police can arrest someone for A&B without being a witness to it. What makes you think otherwise?

 

[justalayman]

If a tree would fall in the woods and there was nobody there to hear it, would it still make a sound?

If the police witnessing a crime was a requisite of the suspect being able to be arrested, I suspect the number of arrests would drop to nearly 0.


You need to understand there is more than one way a person can be charged with a crime.

A person can file a criminal complaint. If they do, that is where a show cause hearing is assembled. If the court determines there is enough evidence for the courts to issue a criminal complaint, the (now) defendant will either be served a summons to appear and be arraigned or there will be an arrest warrant issued.

There is a second situation where the prosecuting attorney files charges without the need for a complainant. In such a situation, a summons is issued for the suspect to appear for arraignment.

Depending on whether the prosecuting attorney filed a criminal complaint on their own or the victim filed a criminal complaint will affect what is done next.

I suspect (but do not know for certain), that if the suspect does not show for a show cause hearing, there can still be a finding by the court. If the complaint is upheld, then since the suspect is not present, a warrant could be issued.

so, when the news reporters can settle on one answer instead of two, what happened might become clearer.

 

[dlw99]

The police can arrest someone for A&B without being a witness to it. What makes you think otherwise?

Maybe it's just our department guidelines, but they will not make an arrest in my town unless they witness the assault.
They send the suspect a summons to appear in front of a magistrate for a "show cause" hearing.

 

[justalayman]

Maybe it's just our department guidelines, but they will not make an arrest in my town unless they witness the assault.

so, if a warrant is issued after the prosecutor files charges or there is a show cause hearing that is sustained and a warrant is issued the police, still, will not arrest the suspect?

 

[dlw99]

If a tree would fall in the woods and there was nobody there to hear it, would it still make a sound? If the police witnessing a crime was a requisite of the suspect being able to be arrested, I suspect the number of arrests would drop to nearly 0. You need to understand there is more than one way a person can be charged with a crime. A person can file a criminal complaint. If they do, that is where a show cause hearing is assembled. If the court determines there is enough evidence for the courts to issue a criminal complaint, the (now) defendant will either be served a summons to appear and be arraigned or there will be an arrest warrant issued. There is a second situation where the prosecuting attorney files charges without the need for a complainant. In such a situation, a summons is issued for the suspect to appear for arraignment. Depending on whether the prosecuting attorney filed a criminal complaint on their own or the victim filed a criminal complaint will affect what is done next. I suspect (but do not know for certain), that if the suspect does not show for a show cause hearing, there can still be a finding by the court. If the complaint is upheld, then since the suspect is not present, a warrant could be issued. so, when the news reporters can settle on one answer instead of two, what happened might become clearer.

Thank you. I understand the different ways a person may be charged with a crime. I'm asking specifically if seeing the assault and battery in particular, on video, would constitute "witnessing" the crime.

 

[dlw99]

so, if a warrant is issued after the prosecutor files charges or there is a show cause hearing that is sustained and a warrant is issued the police, still, will not arrest the suspect?

In my town, the cops will not arrest a person for A & B unless they witness the assault. Instead, they send a summons for show cause hearing. At the hearing, they, along with the victims, present the magistrate with the evidence/testimony as to what happened. It is the magistrate who determines whether or not criminal charge(s) will be filed at that time, OR, Sometimes the matter is taken "under advisement", and the defendant is notified by mail of arraignment date.

Defendants are often found guilty as charged, even though they were never actually arrested.

 

[Zigner]

See, this is why we don't DO hypotheticals

 

[CdwJava]

Maybe it's just our department guidelines, but they will not make an arrest in my town unless they witness the assault.
They send the suspect a summons to appear in front of a magistrate for a "show cause" hearing.

California has a similar provision for most misdemeanors (absent DV offenses and court order violations). However, the victim can indicate their desire to make a private person's arrest and the officers are legally required to act on it.

I would suspect there is some similar provision in your state or there would never be an arrest for a misdemeanor. Heck, a guy could pummel his girlfriend and stop when he heard the doorbell and there would be nothing that could be done. I can't believe that it works that way.

 

[justalayman]

Defendants are often found guilty as charged, even though they were never actually arrested.

yes, that is possible as a result from a show cause hearing can be either a summons or a warrant. If the summons is issued and the suspect reports as required, they can enter a plea, attend trial and be convicted and never be arrested.

I believe the video would allow the PA to file a complaint after which a summons or warrant would be issued. I do not believe it would allow an after the fact arrest based only on the video without a warrant though.

 

[CdwJava]

Thank you. I understand the different ways a person may be charged with a crime. I'm asking specifically if seeing the assault and battery in particular, on video, would constitute "witnessing" the crime.

That depends on your state law. You referred to your "department." if you are a law enforcement officer, this is a question you might want to run up the flag pole with your supervisory and command staff.

Out here, the video by itself would not likely satisfy the on-view requirement for a misdemeanor arrest.

 

[dlw99]

See, this is why we don't DO hypotheticals

Whatever

According to Mass Law:

Section 13A. (a) Whoever commits an assault or an assault and battery upon another shall be punished by imprisonment for not more than 21/2 years in a house of correction or by a fine of not more than $1,000.

A summons may be issued instead of a warrant for the arrest of any person upon a complaint for a violation of any provision of this subsection if in the judgment of the court or justice receiving the complaint there is reason to believe that he will appear upon a summons.


All I want to know is if witnessing a crime on videotape is the same as witnessing the crime - legally speaking.

 

[dlw99]

That depends on your state law. You referred to your "department." if you are a law enforcement officer, this is a question you might want to run up the flag pole with your supervisory and command staff. Out here, the video by itself would not likely satisfy the on-view requirement for a misdemeanor arrest.

Thanks. It seems they have discretion, even though I've heard them say they do not.

 

[Zigner]

All I want to know is if witnessing a crime on videotape is the same as witnessing the crime - legally speaking.

Whatever

 

[dlw99]

Whatever

whateverthat'ssupposedto mean