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Commonwealth v. Savage11/4/1999
uitous route of empowering private persons to arrest for misdemeanors." Commonwealth v. Grise, supra at 252.
The decision to extend police authority for extraterritorial stops and arrests in the context of drunk driving requires a balancing of social interests that is better addressed to the Legislature as a request to amend the relevant statutes. See id.
In the absence of legislative action, we note that police departments may deal with extraterritorial arrests by having their officers sworn in as special officers in neighboring cities and towns. See G. L. c. 41, Sect. 99; Commonwealth v. Callahan, 428 Mass. 335 (1998) (upholding Hollis, New Hampshire police officer's arrest of defendant in Pepperell, Massachusetts, when Hollis officer had been sworn in pursuant to G. L. c. 41, Sect. 99); Commonwealth v. LeBlanc, 407 Mass. 70, 73 (1990).
Here, the Vermont State trooper acted without statutory or common-law authority when he stopped the defendant in Massachusetts. See Commonwealth v. LeBlanc, supra at 75. The remedy for such an unlawful stop and arrest is exclusion of the evidence under the "fruit of the poisonous tree" doctrine. Wong Sun v. United States, 371 U.S. 471, 488 (1963). In this case the only evidence that the defendant was operating a vehicle while under the influence of intoxicating liquor would not have been obtained but for the unlawful stop and subsequent arrest.
Judgment reversed.
Finding set aside.
Judgment for the defendant.
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