Commonwealth v. Vaidulas

The Commonwealth appealed from the postconviction order of a judge in the District Court for a required finding of not guilty. The order was entered after the judge determined posttrial a motion in fimine that he had taken under advisement before trial. Pursuant to the motion in fimine, the judge struck the testimony of a police officer who had arrested the defendant before the officer completed the training requirements set forth in G. L. c. 41, § 96B. On appeal, the Commonwealth argues *248that (1) the officer was exempt from the requirements of the statute at the time of the defendant’s…