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Main Page Fake ID Laws
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Posted by: stash9009

I was wondering if anyone on here could help me answer this law question. First of all, some background about my job...I am a campus police officer in boston with NO chapter 90 powers.

That being said, I have been told that there are 2 (possibly more) statutes dealing with fake ID's (driver's licenses) under MGL. One states that being in possession of a fake ID is a MISDEMEANOR. I found this one in the crim law book very easily.

Here is my problem: my co-workers tell me there is a FELONY charge for being in possession of a fake ID also. I searched and searched the MGL but all I could find was a charge under chapter 90 for possession of a false driver's license. While this is a felony, my dept. does not have chap. 90 powers so I am assuming we cannot charge someone with this. I told this to my co-workers and they all replied that there is ANOTHER felony charge in the MGL somewhere that deals with fake ID's....however, none of them can give me a chapter or section.

Does anyone know if this is true? If so, could you please give me the chapter and section?

Thank you in advance.

Posted by: Delta784

Five year felony;

http://www.mass.gov/legis/laws/mgl/90-24b.htm

The problem is that you will still need a uniform citation to accompany the court complaint application.

Personally, if a campus officer made an arrest for that charge, I would tear them a citation out of my book so they could process the arrest. If you have the power of arrest, you have the power to enforce motor vehicle law. It's just that some "enlightened" people have decided that campus PD's enforcing M/V law is a threat to civilization as we know it, and they guard the issuance of citation books like a nuclear secret.

You may possibly be able to charge someone with uttering a false document, but that would probably be a bit of a stretch, since the above specifically deals with fake licenses.

Posted by: Mikey682

My last dealing with a fake ID (party in the woods type deal) I locked the kid up under the Chap 90 statute. Since it wasnt a M/V related incident, I didnt fill out a citation, just the court paperwork. It was an arrest due to the tailgate lawyer factor, but otherwise, you cant go wrong with seizing a bogus driver's license then summonsing them for it.

Posted by: Delta784

Quote:

Originally Posted by Mikey682

My last dealing with a fake ID (party in the woods type deal) I locked the kid up under the Chap 90 statute. Since it wasnt a M/V related incident, I didnt fill out a citation, just the court paperwork. It was an arrest due to the tailgate lawyer factor, but otherwise, you cant go wrong with seizing a bogus driver's license then summonsing them for it.

I once forgot to attach a citation to a 90-24B arrest, and the paperwork got kicked back, looking for the citation.

Posted by: copcop

I just had in-service this week...they said something about campus police now having ch. 90 powers....but they just mentioned it in passing....next trip out to my car I will grab the handout and give you all the specifics

Posted by: Mikey682

Delta784, it was earlier this summer, but I'm pretty sure it didn't get kicked back for me. Maybe its just a difference in the courts.

Posted by: 94c

Quote:

Originally Posted by Mikey682

Delta784, it was earlier this summer, but I'm pretty sure it didn't get kicked back for me. Maybe its just a difference in the courts.

Our court will not accept any Ch.90 without a citation. But I have also heard that some departments are issuing citations for 94C violations for suspension purposes.
(Which is a No-No in our court.)

On a summons, does your court accept the citation as a complaint or must you fill out the application?

Posted by: jackryan

On the Cape, Barnstable accepts the citation as a complaint...in Orleans they want the citation and the complaint application.....

Posted by: CampusOfficer

From my in-service handout this week....

MGL Chapter 138, sec.34B http://www.mass.gov/legis/laws/mgl/138-34b.htm

Any person who transfers, alters or defaces any such card (liquor card) or license, or who makes, uses, carries, sells or distributes a false identification card or license, or uses the identification card or motor vehicle license of another, or furnishes false information in obtaining such card or license, shall be guilty of a misdemeanor and shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than three months.
Any person who is discovered by a police officer or special police officer in the act of violating the provisions of this section may be arrested without a warrant by such police officer or special police officer and held in custody, in jail or otherwise, until a complaint is made against him for such offense, which complaint shall be made as soon as practicable and in any case within twenty-four hours, Sundays and legal holidays excepted.

Posted by: Delta784

Quote:

Originally Posted by 94c

On a summons, does your court accept the citation as a complaint or must you fill out the application?

Quincy District wants both.

Posted by: fscpd907

Quote:

Originally Posted by copcop

I just had in-service this week...they said something about campus police now having ch. 90 powers....but they just mentioned it in passing....next trip out to my car I will grab the handout and give you all the specifics

Massachusetts State College departments have CH. 90 powers by statute. Private institutions only have CH. 90 if they are sworn as “Town / City Specials” within their jurisdiction.

Posted by: nightcopppa

My understanding was that PO's at private College PD's could enforce only criminal MV offenses that endangered public safety ie... OUI, Oper. to endanger ect.. Has this changed or do they not have the ability to address ongoing breaches (or anticipatory breaches) of the peace if they involve a MV?

Posted by: Macop

I used to be a CPO. Weather you have ch 90 or not you can enforce ANY criminal offense under Ch22 S63, and that would include ANY criminal offense under Ch 90, not civil infractions, but CRIMINAL. In all fairness I have not been a CPO in 5/6 years I dont know if the law changed or not. I have had cases where I stopped a car for violating a policy of the college with respect to the movement and contol of M/Vs on campus and have come across 90/34J, 90/23 OUI and other criminal offenses and have charged them. Is that now different?

Posted by: Delta784

Quote:

Originally Posted by nightcopppa

My understanding was that PO's at private College PD's could enforce only criminal MV offenses that endangered public safety ie... OUI, Oper. to endanger ect.. Has this changed or do they not have the ability to address ongoing breaches (or anticipatory breaches) of the peace if they involve a MV?

Anyone who is authorized to serve criminal process (make arrests) can enforce motor vehicle law. The definition of "police officer" according to Chapter 90 Section 1 is;

“Police officer” or “officer”, any constable or other officer authorized to make arrest or serve process, provided he is in uniform or displays his badge of office.

http://www.mass.gov/legis/laws/mgl/90-1.htm

The only thing that prevents private college & university PD officers (provided they have SSPO status) from actually doing traffic enforcement is they don't have access to uniform citation books. I don't know of any court that will accept a 90-23 or 90-24 offense without the accompanying citation.

I've said it before, but it's worth repeating....it mystifies me why one of the most boring and mundane parts of our job, traffic enforcement, is guarded like a nuclear secret. Will civilization as we know it come to an end if the BU or Northeastern PD's can suddenly cite someone for running a stop sign? Not to mention, the people arrested for drug offenses by these officers get a free pass on the license suspension, since the courts want (and the RMV needs) a citation to process the paperwork.

What is said to these officers when they're sworn in....."Congratulations, you can now arrest for murder, but you can't hand-out a $35 defective equipment citation".

Posted by: nightcopppa

I agree completely. What's even more ridiculous is that some courts will not process a 94c arrest unless a citation accompanies the criminal application. So what do the private colleges do in that instance? You grab someone with a pound of weed and can't prosecute it because you have no citation book!! WTF is wrong with that picture?

Sorry delta, you already said that in your post. Guess I should have read the whole thing.

Posted by: NEPS

Except at public colleges and universities, Ch. 22C, s. 63 SSPOs cannot stop or cite motorists for Ch. 90 civil infractions. See Comm. v. Mullen, 40 Mass. App. 404 (1996), rev. den., 423 Mass. 1105 (1996).

In my opinion, this decision does not exclude private campus SSPO's from the enforcement of criminal Ch. 90 violations. When I worked at BUPD I and other officers charged offenders with 90-24B (though we did not charge with any behind-the-wheel offenses). But what I say does not carry much weight with your local clerk-magistrate. It will probably take a commitment from your agency and the local DA to challenge the practice of your local clerk-magistrate if his or her office refuses to recognize the authority of SSPOs to pursue criminal Ch. 90 charges.

If anyone is interested in sending me a PM with a name, street address, agency name, and an e-mail address, I will send out my discussion of Mullen, Young v. Boston University, and Comm. v. Hastings. Please be warned, however, that I may not be quick.

Posted by: Opie

Quote:

Originally Posted by 94c

On a summons, does your court accept the citation as a complaint or must you fill out the application?

Attleboro District Court will accept just the Citation as the complaint.

Posted by: stash9009

Thank you all for your replies. They were helpful.

Posted by: Crvtte65

Quote:

Originally Posted by 94c

Marlboro wants both and wants a cite for drug charges for suspensions

Posted by: j809

Quote:

Originally Posted by 94c

Our court you have to fill out the court complaint like you usually do. Accompany the complaint with a CH90 citation for 94c violation. The whole citation goes with complaint including violator copy as the violator does not get one. If he gets a guilty finding the cite goes to the RMV and triggers suspension for 94c violation.

Posted by: Edmizer1

I used to be a campus cop at a private university. We avoided it as much as possible, but we would occasionally make OUI arrests. The problem was that we did not have cite books as the previous posts have explained. We would have to get a State or Municipal Officer to write a cite or let us write a cite out of their book for the offense. Our campus was in a couple of towns and had a state road through it. Most of the agencies knew our problem and issued a cite although they didn't like it. I have to say that the State Police never gave us any problem with it. Defense attorneys would jump and say that we didn't have Chapter 90 powers but the law is clear that Campus police can makes arrests for ANY criminal offense that a regualr police officer can arrest for. We would have the case law and statues prepared for the DAs office because they usually really didn't know much about the issue. There is also nothing that stops local police chiefs from issuing private campuses cite books. They still won't be able to cite for a civil offense because of the case law interpretation of the statute, but they could issue for criminal offenses. I'm not sure if they still do, but Waltham I think was giving Babson cite books and they were not town specials.

Posted by: Macop

Last I knew babson, and wellesley college and maybe another were town specials. ask J809

Posted by: RickMackey

Can't you charge them in some cases with altering a government document?

Posted by: Irish Wampanoag

You may not have ch 90 power to stop, identify and cite for a Civil motor vehicle citation to a owner or operator of said MV. However, The Mullen case law never said you could not summons for a criminal ch90. 90/24B (a felony) The worst the judge can say is dismissed.

With that said you could go the ch138 route. Under 138 Sec 34B altering, false ID card and or MV license is a "Misdermeanor". Note 138 laws usually pertain to alcohol however 138 sec 34B says nothing about alcohol being involved to violate this general law. Statory right of arrest in officer presence.

Posted by: 94c

Quote:

Originally Posted by Irish Wampanoag

You may not have ch 90 power to stop, identify and cite for a Civil motor vehicle citation to a owner or operator of said MV. However, The Mullen case law never said you could not summons for a criminal ch90. 90/24B (a felony) The worst the judge can say is dismissed.

Chapter 90C: Section 4. Criminal complaint; arrest without warrant; effect of conviction; access to records of offenders

Section 4. Nothing in this chapter shall prevent a person other than a police officer from applying for a criminal complaint for an offense that constitutes a criminal automobile law violation under subsection (B) of section three of this chapter, and such person need not show that the violator has been issued a citation in connection with such violation.

You're right. If a civilian can do it then anyone else can.

Posted by: Bin25US

Up until recently (3-4 months ago) Tufts Univ Officers were enforcing chpt 90.

Posted by: Irish Wampanoag

Quote:

Originally Posted by Bin25US

Up until recently (3-4 months ago) Tufts Univ Officers were enforcing chpt 90.

I thought they were Medford Police Specials which allowed them to cite Ch90?

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