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Main Page 90/25 False Name Question
(Click here to view the original thread on the MassCops Message Board)

Posted by: Edmizer1

A section of 90/25 says that a person in control of a vehicle must produce their true name and address to a police officer. For years my dept has charged people who gave their true names but wrong DOBs under this section. It was explained to me by supervisors that the offense has been interpreted to include the DOB because RMV checks rely mostly on the DOB to match the name. I have run into this a few times where JOLs or underage people with alcohol say they don't have their license on them and think by giving a wrong DOB but true name will somehow let them slip by. I made an arrest a few nights ago where someone gave a true name, but false DOB. There were other arrestable charges so I'm not concerned about arrestablity but I was wondering about the 90/25 charge. The arrestee is apparently making a stink that the charge doesn't apply because he gave a true name. I don't know of any case law and I am relying on the word of supervisors and that I have done it before. For all I know it was dismissed the other times I did it. Does anyone know if 90/25 with a true name but false DOB applies and if so, any documentation?

Posted by: USMCMP5811

My Dept has charged this many times...Basicly even though they gave you the real name, they gave you a false DOB in order to try and keep you from pos ID them. Because they gave you a false DOB, in essance, they falsly ID'd themselves to you. so 90/25 is good all day. If the court decides to toss it, so be it, but the lemmings still have to show up for court , so it's a win win situation for you.

Posted by: USMCTrooper

Chapter 90: Section 25. Refusal to submit to police officer

Section 25. Any person who, while operating or in charge of a motor vehicle, shall refuse, when requested by a police officer, to give his name and address or the name and address of the owner of such motor vehicle, or who shall give a false name or address, or who shall refuse or neglect to stop when signalled to stop by any police officer who is in uniform or who displays his badge conspicuously on the outside of his outer coat or garment, or who refuses, on demand of such officer, to produce his license to operate such vehicle or his certificate of registration, or to permit such officer to take the license or certificate in hand for the purpose of examination, or who refuses, on demand of such officer, to sign his name in the presence of such officer, and any person who on the demand of an officer of the police or other officer mentioned in section twenty-nine or authorized by the registrar, without a reasonable excuse fails to deliver his license to operate motor vehicles or the certificate of registration of any motor vehicle operated or owned by him or the number plates furnished by the registrar for said motor vehicle, or who refuses or neglects to produce his license when requested by a court or trial justice, shall be punished by a fine of one hundred dollars.

I hate to be negative but where does it say anything about a date of birth? I have never heard of anyone saying it is "interpreted to include DOB" I'd like to see case law on it if anyone has it? A date of birth wasn't even mentioned in the more recent 268 34A:

Chapter 268: Section 34A. Furnishing false name or Social Security number to law enforcement officer or official; penalty; restitution

Section 34A. Whoever knowingly and willfully furnishes a false name or Social Security number to a law enforcement officer or law enforcement official following an arrest shall be punished by a fine of not more than $1,000 or by imprisonment in a house of correction for not more than one year or by both such fine and imprisonment. Such sentence shall run from and after any sentence imposed as a result of the underlying offense. The court may order that restitution be paid to persons whose identity has been assumed and who have suffered monetary losses as a result of a violation of this section.

Posted by: 94c

There are thousands of morons where I work.

I cannot think of a single one that would give you their right name but wrong date of birth. WMS will come up with hits and the BOP won't be too far off. (Not to mention the in-house system)

Unless of course you guys work for the Veterans Administration Police on Alzheimer's Patrol.

Posted by: USMCTrooper

Quote:

Originally Posted by USMCMP5811

My Dept has charged this many times...Basicly even though they gave you the real name, they gave you a false DOB in order to try and keep you from pos ID them. Because they gave you a false DOB, in essance, they falsly ID'd themselves to you. so 90/25 is good all day. If the court decides to toss it, so be it, but the lemmings still have to show up for court , so it's a win win situation for you.

I generally don't disagree with another Marine, however, its not so cut and dry.

The first part of your response makes an inference that a false dob equals a false name ergo a violation of 90-25. I have yet to see it in case law and pragmatically speaking, when the law isn't specifically worded: "a false date of birth", it doesn't apply. If there IS case law on this please let me know, thats how I learn!!!

As for the latter part of your response, that is something I caution the boots coming out of the Academy. Charging a crime that doesn't fit can range from simple overkill (90-34J for example) to resulting in negative case law against us. Usually its tossed, as you say, but lets be clear, if it isn't, and someone pushes it and the Court agrees, we have just added one more burden to our already heavy yolk. I'd rather see 2 charges that are solid than 4 charges, two which are solid and two that are questionable.

Posted by: spd722

I know that this by itself is not arrestable but if the person knows that they are going to get into trouble by giving there true information you may add this charge:

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.

Posted by: epd111

Doesn't MA have something concerning "hindering, delaying, or interfering" or "false information to police"? SC's fales info to police is awfully narrow, but "delaying" is wonderful. Of course, if they're lying about a dob - something's up - underage drinking, suspended DL, something!

Ed

Posted by: 94c

Quote:

Originally Posted by spd722

I know that this by itself is not arrestable but if the person knows that they are going to get into trouble by giving there true information you may add this charge:

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.

There's case law that says the above section doesn't apply to giving a false name and information because it doesn't fall under the word "disguise".

Go figure.

Thats why they created 268-34A (false name and social security) but it has to be "following an arrest"

Posted by: sully161

Read the elements of this....

Chapter 268: Section 13B. Intimidation of witnesses, jurors and persons furnishing information in connection with criminal proceedings
[ Text of section as amended by 2006, 48, Sec. 3 effective March 30, 2006. For text effective until March 30, 2006, see above.]
Section 13B. (1) Whoever, directly or indirectly, willfully
(a) threatens, or attempts or causes physical injury, emotional injury, economic injury or property damage to;
(b) conveys a gift, offer or promise of anything of value to; or
(c) misleads, intimidates or harasses another person who is:
(i) a witness or potential witness at any stage of a criminal investigation, grand jury proceeding, trial or other criminal proceeding of any type;
(ii) a person who is or was aware of information, records, documents or objects that relate to a violation of a criminal statute, or a violation of conditions of probation, parole or bail;
(iii) a judge, juror, grand juror, prosecutor, police officer, federal agent, investigator, defense attorney, clerk, court officer, probation officer or parole officer;
(iv) a person who is or was furthering a criminal investigation, grand jury proceeding, trial or other criminal proceeding of any type; or
(v) a person who is or was attending or had made known his intention to attend a grand jury proceeding, trial or other criminal proceeding of any type with the intent to impede, obstruct, delay, harm, punish or otherwise interfere thereby with a criminal investigation, grand jury proceeding, trial or other criminal proceeding of any type shall be punished by imprisonment for not more than 21/2 years in a jail or house of correction or not more than 10 years in a state prison, or by a fine of not less than $1,000 nor more than $5,000.
(2) As used in this section, "investigator'' shall mean an individual or group of individuals lawfully authorized by a department or agency of the federal government, or any political subdivision thereof, or a department or agency of the commonwealth, or any political subdivision thereof, to conduct or engage in an investigation of, prosecution for, or defense of a violation of the laws of the United States or of the commonwealth in the course of his official duties.
(3) As used in this section, "harass'' shall mean to engage in any act directed at a specific person or persons, which act seriously alarms or annoys such person or persons and would cause a reasonable person to suffer substantial emotional distress. Such act shall include, but not be limited to, an act conducted by mail, electronic mail, internet communications, facsimile communications, or other telephonic or telecommunications device.
(4) A prosecution under this section may be brought in the county in which the criminal investigation, grand jury proceeding, trial or other criminal proceeding is being conducted or took place, or in the county in which the alleged conduct constituting an offense occurred.

Posted by: Irish Wampanoag

[quote=epd111]Doesn't MA have something concerning "hindering, delaying, or interfering" or "false information to police"? SC's fales info to police is awfully narrow, but "delaying" is wonderful. Of course, if they're lying about a dob - something's up - underage drinking, suspended DL, something!

UHHHHHMMMMM You must be new to Assachusetts General Laws. Your state has its act together but up here in John Kerry and Fat Boy Ted Kennedy country we are ass backwards. Hindering, delaying or interfering laws are only dreams of a galaxy far far away LOL.

PS I am moving to your state when I retire what are some nice affordable areas.

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