Legal Question in Constitutional Law in Massachusetts

Violation of Constitutional Rights?

The local police department has a ''policy'' that if someone calls in a complaint that is domestic in nature, someone is going to be arrested and charged with domestic violence. I thought there had to be probable cause to arrest someone and charge them with a crime? Am I wrong? Doesn't this policy violate the Constitution? What if someone is vindictive towards somebody else, this could really screw them up. This ''policy'' clearly shows the decision has already been predetermined that someone is going to be arrested and charged with a crime. Is there a new amendment to the Constitution stating the police can predetermine someone can be arrested even before a call is made? This is a serious question.


Asked on 2/26/07, 7:36 pm

1 Answer from Attorneys

Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Violation of Constitutional Rights?

Go to http://www.fatherhoodcoalition.org and join their listserve.

Call 1-800-sad-dadds

They will explain it all to you.

The 209A statute is the worst thing that has happened to the Commonwealth. It is all funded by the feds. VAWA -- Violence Against WOman Act.

There is a Dept of Justice Grant to Encourage Arrest-Preferred Policies and the Enforcement of Protection Orer Programs.

State gets annual bonuses for arrests on DV calls.

Senator Biden, Delaware, is the big pusher of VAWA.

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Answered on 2/26/07, 11:03 pm


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