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Main Page MBTA POLICE AUTHORITY AND JURISDICTION
(Click here to view the original thread on the MassCops Message Board)

Posted by: DC813

Are there any T cops out there that know the MGL that grants them police powers and their jurisdictional authority??? Just curious, I know it's a huge jurisdiction and full police powers but what is the statute?

Posted by: RedstoneRocket

go to mbtapolice.com

Posted by: capefiveo

If my memory serves me correct, this was questioned a number of years ago after a shooting involving an MBTA officer. The officer made a traffic stop in Boston and ultimately shot the perp/operator. It was noted by the press that MBTA officers had jurisdiction in 150+(?) towns or where the T owned property, and were second to MSP as far as authority in the state. Again, I'm going by memory and by accounts of the press, who tend to embellish their reports(if you can believe that).

Posted by: j809

One guy at my wife's work was stopped by an unmarked MBTA cruiser the other day on 495 in Milford for speeding. He was cited and issued a citation after identifying himself as an MBTA officer. I am not questioning his legal jurisdiction but I am concerned that an MBTA officer pulls over a guy on 495 in Milford for doing 80 in a 65 zone. I think they should focus to the railroad and the parking lots that their commuter rail goes through.

Posted by: Gil

Quote:

Originally Posted by H50

that an MBTA officer pulls over a guy on 495 in Milford for doing 80 in a 65 zone.

80, isn't that the flow of traffic speed for 495?

Posted by: JP64

Only in the slow lane........

Posted by: j809

That's my point exactly. It was just normal driving on that stretch of 495.!!

Posted by: tomahawk

Quote:

Originally Posted by H50

...I am concerned that an MBTA officer pulls over a guy on 495 in Milford for doing 80 in a 65 zone. I think they should focus to the railroad and the parking lots that their commuter rail goes through.

Agreed. Not to beat a dead horse, but this slides perfectly into the never-ending discussions about the *LEC teams. I feel that departments should focus on improving the quality of service in their primary jurisdiction (hire more officers), and worry about secondary functions (assisting with incidents in towns 45 minutes away) when you have solved all the crime in your neck of the woods.

Every department wants/needs more funding; if they spent what they had a little wiser, some departments would be much better off.

-Mike

Posted by: SRRerg

H50 said "I think they should focus to the railroad and the parking lots that their commuter rail goes through." As a former T cop, I wholeheartedly agree, but this officer can't close his eyes when he's off of T property. I imagine he was on his way to check the lots and stations of the Franklin line and for whatever reason this guy caught his attention.

Posted by: Macop

Oh get off it, a cop is a cop. Who really cares where they are stopping cars, its well within thier authority and juristiction.

Posted by: davemcs

Cut n pasted fro MBTAPolice.com:

Do MBTA police officers have the same police authority as city and town police officers?
Yes. MBTA police officers are fully sworn police officers that have the same powers of arrest as city and town police officers while in the 175 cities and towns that make up the MBTA***. In addition, MBTA police officers attend the MBTA Police Academy which also is host to police recruits from other cities and towns.
***Helps to justify the annual assessment that the towns pay as a deduction each year off their "cherry sheet" in payment to the T ***

In addition to taking enforcement action on MBTA property, can MBTA officers take enforcement action off of MBTA property?
Yes. MBTA police officers may take enforcement action outside the 175 cities and towns while remaining on MBTA property.

Posted by: mpd61

Quote:

Originally Posted by davemcs

Cut n pasted fro MBTAPolice.com:

Yes. MBTA police officers may take enforcement action outside the 175 cities and towns while remaining on MBTA property.

O.k. WTF!!!!!!

?
How does one take enforcement action "outside" their jurisdiction, while "remaining" on MBTA Property? Gotta love Public relations websites!

Posted by: ecpd402

As for me Im supportive of the MBTA police. There have been many times the T has backed me up on calls. If additional back up is requested by my department the MBTA is the first there then maybe the state a close second.

Posted by: RPD931

MPD,

I was thinking the same thing... maybe its a one of those mind out of body experiences..

Posted by: DC813

SRRERG....
When you were a T Cop did you have jurisdiction in all of those cities and towns or just on the property that was owned/leased/used by the MBTA???

Posted by: SRRerg

When I first joined it was 71 cities and towns and rail powers anyplace else. Around 2000 they expanded the number of towns that pay the assessment and the jurisdiction increased to 170+ towns - just about anywhere that has T property. BTW, T property is not necessarily anywhere near rail or bus lines.

Posted by: michaelbos

I thought we were all on the same side? let me read that thin blue line book again.

Posted by: Mikey682

The same guys who are always questioning different agencies jurisdiction must have small penis envy or something, go play outside you nerds.

Posted by: DC813

Mikey682:
What the hell are you talking about? If you are referring to the question posed in this thread, I am by no means quesitoning the MBTA Police's authority, I was curious about the origins of it's authority.

Posted by: fscpd907

Mikey682

Which nerds are you talking about? I could be wrong but I don’t believe anyone on this thread questioned the authority of the MBTA Police.

Posted by: PearlOnyx

Morning Guys,

Let's keep the name calling and other wastes of space out of the thread. It seems there has been a misunderstanding here. I'm not going to take the time to remove posts from here, but let's try to keep it civil. Not to take sides, but I think some may have misunderstood MPD. I think he was referring to the poor wording on the website, and not a knock on MBTA PD. With that, let's carry on the subject. If you have something personal to say to each other, take it elsewhere.

Thank You

Posted by: Mikey682

This thread, like others seems to have a simple first answer, like the the explanation of the jurisdiction of the TPD (which Im not questioning!! grrr), and then goes down a redundant side road about what other guys have seen T cops do that they dont think they should be doing, or quartbacking stuff theyve seen T cops doing on 495 or whatever. Who cares! A cop is a cop and plumber is a plumber, I'd expect a MBTA cruiser to yank over an asshole on 495 or 95 or the Pike.
It shouldn't be a matter or what their "powers" or jurisdiction are, its a matter of a duty to act, whether in their jurisdiction or not.

Posted by: mpd61

Tell em Mikey!!!

Posted by: bbelichick

Quote:

Originally Posted by Mikey682

It shouldn't be a matter or what their "powers" or jurisdiction are, its a matter of a duty to act, whether in their jurisdiction or not.

Umm...I'm not sure if jurisdiction/scope of authority are things you just ignore.

I could care less what the T guys are doing, but that statement is a bit strange...

Posted by: Mikey682

Jsg2020- If Im not making sense with that, what I mean is an officer that is temporarily out of jurisdiction but on official business (ie- Campus officer going from one place to another on a municipal road, or a NHSP Trooper delivering paperwork to a Mass court, or something similiar, the duty to act in a situation to prevent a life threating incident or dangerous person shouldnt be quarterbacked or questioned as much as I see done on this site.

same team guys, same team!

Posted by: bbelichick

Quote:

Originally Posted by Mikey682

Jsg2020- If Im not making sense with that, what I mean is an officer that is temporarily out of jurisdiction but on official business (ie- Campus officer going from one place to another on a municipal road, or a NHSP Trooper delivering paperwork to a Mass court, or something similiar, the duty to act in a situation to prevent a life threating incident or dangerous person shouldnt be quarterbacked or questioned as much as I see done on this site.

same team guys, same team!

Life threatening: A-OK.

Speeder: No go

Call the PD/MSP that covers the area or you will lose the stop if something transpires, and I imagine you would be left open to a lawsuit.

Posted by: RPD931

Let me ask the simple question that I haven't seen answered other than legal mumbo jumbo..

"Does a T-cop have authority to make the stop?" The question is not about what they should or shouldn't do... or duty to act... the question is simple, By Law, can they effect a traffic stop/enforcement on 495 (or wherever)?

Posted by: SRRerg

If they are in one of the 170 or so towns that they have authority in, then the answer is yes.

Posted by: j809

The issue here is that an MBTA officer in an UNMARKED vehicle, PLAIN CLOTHES pulled over a speeder for 15 miles over (probably because he did not get out of his way) on Route 495 in Milford, MA. I can see if it was a road rage incident, but please. People like that will make bad case law and limit their authority in the future through new legislation. I am sure that when they got their powers passed through, the legislators did not envision an MBTA cruiser on Route 128 doing radar either.

Posted by: Mikey682

well that changes everything, sounds more like road rage with blue lights.

Posted by: Macop

So he stopped the person for speeding, so what Move on.

Posted by: ecpd402

Quote:

Originally Posted by H50

The issue here is that an MBTA officer in an UNMARKED vehicle, PLAIN CLOTHES pulled over a speeder for 15 miles over (probably because he did not get out of his way) on Route 495 in Milford, MA. I can see if it was a road rage incident, but please. People like that will make bad case law and limit their authority in the future through new legislation. I am sure that when they got their powers passed through, the legislators did not envision an MBTA cruiser on Route 128 doing radar either.

I see it a differant way. The Officer is a police officer and took a potential danger off the road. so what if he is MBTA. they are a very professional department. One of my old partners works there now. The T police get involved with more than small towns. I say let him take a bad guy off the road. I dont understand why its bad case law. I welcome the extra help

Posted by: PearlOnyx

I think this might be another case of "if you have the man power, then fine". I really don't see much of a problem with T Police doing traffic (not active enforcement per se, but maybe stopping a car here and there if they see it), if they have an over flow in man power. However, from a citizen's point of view, how many times do you see a T cop in the T? Not often, at least on the Blue and Green lines (only ones I travel). No knock on the T Police, because I think they're a great bunch, but I don't think you'll find many that will agree that they are so over staffed that they have time to be doing traffic on the highways. If it's something life threatening, then by all means go ahead and make the stop, of if you have a ton of time and staff on your hands, go ahead, but otherwise hit the bricks were your department needs you, in the stations and property.

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