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Extra jurisdictional arrests

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Posted by: Piper

Guys,
This question might come off as a stupid one, but I have asked a few ranking guys at my work and came back with a slew of different and conflicting responses. I understand some of the transferred authority/oic-to-oic/fresh-continued pursuit/mut. aid issues, but what about when you simply call a neighboring PD and ask them to arrest or detain someone for a crime that happened in your town when no arrest warrant exists and you plan to then go to their town and bring the suspect back? An example might be a domestic A/B in your jurisdiction where the suspect has just fled to his/her home in the next town? This issue has come up for us a bit at my work and I have often wondered where the authority comes from, for after all, the suspect is now out of my jurisdiction and in one where the officers certainly have arrest powers but not over a crime in my town. I have heard people say that can apply only with domestic issues, or 209A violations or maybe felonies, but would it fly if the guy committed a felony larceny or a mal damage over in my town and was now in the neighboring one? Or when a neighboring town BOLO's a fleeing shoplifter coming across the town line into mine?

If the answer to this is an obvious one, I'd ask that you not punk me out with "as a Sgt you'd think you would to be aware of MGL...." or "just call the local Barracks." This is an issue I have seen often enough times that it has made me curious.
Thanks for any help you can provide.


Posted by: chief801

Quote:
Originally Posted by Piper
Guys,
This question might come off as a stupid one, but I have asked a few ranking guys at my work and came back with a slew of different and conflicting responses. I understand some of the transferred authority/oic-to-oic/fresh-continued pursuit/mut. aid issues, but what about when you simply call a neighboring PD and ask them to arrest or detain someone for a crime that happened in your town when no arrest warrant exists and you plan to then go to their town and bring the suspect back? An example might be a domestic A/B in your jurisdiction where the suspect has just fled to his/her home in the next town? This issue has come up for us a bit at my work and I have often wondered where the authority comes from, for after all, the suspect is now out of my jurisdiction and in one where the officers certainly have arrest powers but not over a crime in my town. I have heard people say that can apply only with domestic issues, or 209A violations or maybe felonies, but would it fly if the guy committed a felony larceny or a mal damage over in my town and was now in the neighboring one? Or when a neighboring town BOLO's a fleeing shoplifter coming across the town line into mine?

If the answer to this is an obvious one, I'd ask that you not punk me out with "as a Sgt you'd think you would to be aware of MGL...." or "just call the local Barracks." This is an issue I have seen often enough times that it has made me curious.
Thanks for any help you can provide.
Covered by MGL c.37 s.13 and MGL c.268 s.24

Hope that helps...


Posted by: USMCTrooper

CHAPTER 37. SHERIFFS



Chapter 37: Section 13. Powers and duties; requisition of aid



Section 13. They may require suitable aid in the execution of their office in a criminal case, in the preservation of the peace, in the apprehending or securing of a person for a breach of the peace and in cases of escape or rescue of persons arrested upon civil process.

Chapter 268: Section 34. Disguises to obstruct execution of law, performance of duties, or exercise of rights


Section 34. Whoever disguises himself with intent to obstruct the due execution of the law, or to intimidate, hinder or interrupt an officer or other person in the lawful performance of his duty, or in the exercise of his rights under the constitution or laws of the commonwealth, whether such intent is effected or not, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year and may if imprisoned also be bound to good behavior for one year after the expiration of such imprisonment.



THATS YOUR ANSWER?


Posted by: stm4710

CYA, get a warrent.

As far as the BOLO goes, it is my understanding that my PC is your PC.


Posted by: USMCTrooper

Using a 209A violation isn't a good example because the suspect can be arrested by any PD for you as specified in 209A-6 (7).

"the suspect is now out of my jurisdiction and in one where the officers certainly have arrest powers but not over a crime in my town." For misdemeanors committed in your town but the suspect flees elsewhere, absent anything else, you could enter the other jurisdiction if he has been stopped, even try to speak with him but not arrest. Its no more than when I leave my jurisdiction (Massachusetts) and enter another (Connecticut). You can certainly summons.

As for you arresting someone based on another PD's PC, you seem to have answered your own question "officers certainly have arrest powers but not over a crime in my town". Doesn't it depend on several factors? Is the crime continuing? Has a new crime occurred? For example, a larceny in A town where the suspect fled to B town. B Town PD stops vehicle. Is new crime recving stolen property?

I have seen alot of local PD supervisors reluctant to arrest when its situations like these. They seem content to stop, identify and pas along info to originating PD.

STM is right, if its your case and they fled out of the town, apply for a warrant. Most likely you wont get it and a summons returnable is what your stuck with.

Remember, like it or not, "bending or breaking" the rules serves nobody but the criminals and lawyers. It ends up making bad case law against us all. (ie: Commonwealth of Massachusetts v. LeBlanc LeBlanc established the principle that police cannot pursue a motor vehicle across town lines in order to stop the driver for a civil infraction.)


ibid: Notable Criminal Cases and Verdicts Attorney John LaChance


Posted by: irish937

No warrant is required. Look up the statewide domestic violence policy. It covers dual booking (picked up in one town, booked, then picked up by the originating town, brought back and booked) in the wording. You can get a warrant, but it's not required. P/C can be transferred from agency to agency within the state. Trooper, pulling from one state back to another, is different because each state is considered sovereign. Most times a warrant would be the appropriate response, but DV is a different animal. I'll check because I think there is case law on transferring P/C. If I'm not mistaken it is a DV case.


Posted by: irish937

A correction to my previous post. If the suspect has fled to his/her home, you DO need a warrant to enter his/her the dwelling to arrest. However, if we have a domestic A&B and the suspect flees, I send out a BOLO to stop. If another agency stops him/her, my P/C carries and the arrest can be made.


Posted by: 94c

you can arrest for any felony anywhere in the commonwealth.
misdemeanors are tricky with Fresh Pursuit, mutual aid, transferred authority etc.

Domestic Violence is the crime of the century. you can have him arrested anywhere including Afghanistan.


Posted by: chief801

No warrant needed. c.37 s.13 covers transfer of authority, even though it says sheriffs, it has been applied in several cases in Massachusetts to transfer of police authority. Basically, If requested by another officer, you can do anything that he would have been legally empowered to do. If cop A calls cop B in the next town over and says scumbag just committed a felony in my town, I have P.C., go get him for me, you can do it all day long. Same goes for misdemeanors with statutory arrest authority. One of the cases was a Sterling case where the court mentioned c.268 s.24 stating that the officer may have been subjected to criminal charges if he did not honor the request of the the requesting officer.

By the way USMC Trooper you looked up c.268 s. 34, not s.24


Posted by: PBC FL Cop

Quote:
Originally Posted by chief801
No warrant needed. c.37 s.13 covers transfer of authority, even though it says sheriffs, it has been applied in several cases in Massachusetts to transfer of police authority.
Police using from sheriff's law enforcement authority for case law, is the sky falling up there???


Posted by: Piper

Thanks for the responses guys, I appreciate your taking the time to help me out.


Posted by: Irish Wampanoag

Quote:
Originally Posted by chief801
Covered by MGL c.37 s.13 and MGL c.268 s.24

Hope that helps...


In Comm v Twombly_Mass_(2001), the SJC discussed how a police officer can request aid pursuant to C 37 S13. The statue sets forth four situations in which police officers may require suitable aid.

1. in the execution of their office in a criminal case

2. in the preservation of the peace

3. in the apprehending or securing of a person for a breach of the peace

4. in cases of escape or rescue of persons arrested upon civil process

Limited Liability Pursuant to C263 s3


Posted by: K9Vinny

Quote:
Originally Posted by chief801
One of the cases was a Sterling case where the court mentioned c.268 s.24 stating that the officer may have been subjected to criminal charges if he did not honor the request of the the requesting officer.
I agree, FYI it is found under Comm. v/ Morrissey. Actually, in that decision, the court recognized an old statute that stated that it is a $10 fine for anyone who did not honor the lawful request of a police officer (but not a criminal offense). The case involved a DUI encountered by an on duty PO in another jurisdiction. The court found that the danger to public safety trumped, and that the stop was lawful, providing that the officer first notified the department of jurisdiction and was asked to take action.


Posted by: 4424

Quote:
Originally Posted by PBC FL Cop
Police using from sheriff's law enforcement authority for case law, is the sky falling up there???
Where's BBELICHICK???


Posted by: secret squirrel

I think I have a great solution that would completely solve all similar future situations like this. As everyone knows the state of Massachusetts is a little behind other states when it comes to Policing. I worked in California for a while and they had a great system. You go through a CA academy that is POST certified (Police Officer Standards of Training or something close to that). similar to the old MCJTC

This sets the bar for training in any Peace Officer (Police) academy. Once you graduate and get certified, you have police powers anywhere in the state. NO MORE STUPID, I am into another jurisdiction stuff.......who cares....you would now have the authority to handle your business. It should be up to your Police Department to enforce how/where you go.

It should not be intended for one PD to be patrolling anothers area but in the small instance that you end up somewhere other than your municipality, and something bigger comes of it........then why should you lose the case because of an outdated theory of JURISDICTION. You could now go anywhere in the state and handle your business without worring about Jurisdiction..........I think this would make things much simpler and a difficult job a little easier.


Posted by: Danman

i strongly agree


Posted by: Delta784

Quote:
Originally Posted by secret squirrel
This sets the bar for training in any Peace Officer (Police) academy. Once you graduate and get certified, you have police powers anywhere in the state. NO MORE STUPID, I am into another jurisdiction stuff.......who cares....you would now have the authority to handle your business. It should be up to your Police Department to enforce how/where you go.
That will NEVER happen in this state. If you want to know why, call SPAM and ask them why they always lobby against any sort of state-wide peace officer statute.

Of course, I've never heard any explanation as to how MGL and the rights of arrest in Quincy are different in Boston, Worcester, Great Barrington, Hatfield, or any other municipality.

Because I don't live in the city where I work, and rarely visit it when off-duty, I conduct myself accordingly. I almost always carry while off-duty, but that's solely for the protection of myself and my family. When I'm outside my jurisdiction while off-duty, I'm going to protect my family and be a good witness. That's it.


Posted by: Inspector

Wait a minute....Massachusetts does not have standards for training that apply across the board??? Glad I am in NH! All officers (State, local, county) here graduate from SAME ACADEMY. Part time officers must also be graduated from courses run by the same academy out in the field. Everyone is on same page and level of training universal throughout state.


Posted by: Piper

I don't think I want any part of state-wide jurisdiction as I feel that there is no greater tool in a local cop's bag of tricks to use when brooming a call than the "you are going to have to go to the town where that offense occurred, or the SP Barracks.... we have no authority over there.... I really wish I could help you....want either of their phone #'s?" I usually accompanied that with a head scratch and a look on my face of what could have been considered to be genuine concern with a dash of general fustration with 'the system'....it worked every time!


Posted by: secret squirrel

you would still be able to brush of those people.....it would still be that municality's resposibility to investigate the crime or handle the call etc....things wouldn't change much.......just give you more leverage to do your job properly....i know of several communities that swear all of their officers in as specials in eachother's towns. These towns still refer the victims to the correct PD for service. In a perfect world this would be nice....but this is MASS


Posted by: adroitcuffs

Yes, secret squirrel, you are correct about the POST academy standards. Any academy through the state must be certified by POST. Once you graduate, and complete the appropriate training with your agency, you have peace officer powers throughout the state. I have stopped vehicles while en route back to my city after transporting to the jail, 30 - 35 miles away. Granted, I don't make a habit of this or I'd spend all my time outside my city. If it's on the state highway, CHP will often take an OUI arrest off our hands, freeing us to return to our city. We go into the next city all the time to do follow-up investigations and/or to make arrests in crimes originating in our city.

Piper, no it does not mean you have to take every can of worms that comes your way. If someone phones or comes into our station reporting a crime that occurred in Los Angeles (100 miles west of us), we kindly inform them that they must contact the agency that serves that area. There are some exceptions provided for in CA law. For example, if a person phones in a missing persons report, regardless of the address from which said person left, we are required by law to take the initial report. After making the appropriate NCIC entries, we can then foward the report to the appropriate agency.

As much as I love MA, some things really need to be brought up with the times to help law enforcement. Did I mention the importance of "Implied Consent"? Ah yes, back to the bureaucrats who'd rather protect a killer than the rights of children who face another holiday season without their loving father, while the killer is free to roam about our communities... but I digress...


Posted by: Irish Wampanoag

Quote:
Originally Posted by Inspector
Wait a minute....Massachusetts does not have standards for training that apply across the board??? Glad I am in NH! All officers (State, local, county) here graduate from SAME ACADEMY. Part time officers must also be graduated from courses run by the same academy out in the field. Everyone is on same page and level of training universal throughout state.

Thats why NH is a much better state!!




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