Commonwealth v. Bodden

On March 6, 1981, the Appeals Court released an opinion in which it reversed the defendant’s convictions of assault and battery by means of a dangerous weapon and armed robbery. Commonwealth v. Bodden, 11 Mass. App. Ct. 964 (1981). The Appeals Court concluded that the defendant had been arrested without probable cause and that the victim’s in-court identification of the defendant could not be admitted at any retrial of the defendant unless on remand a judge should first rule that the in-court identification would not be tainted by the victim’s viewing of the defendant shortly after his…