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Main Page Citation Question????
(Click here to view the original thread on the MassCops Message Board)

Posted by: HPD104

I have hear that you can issue a citation based on a private civilian complaint on the understanding that the person will testify to it in court and can identify the operator. Is this true? has anyone ever done this? If so, what happened when you did it?

Posted by: Delta784

You can issue a citation to anyone for anything, it's totally dependent on the clerk-magistrate who conducts the hearing as to whether or not the person is found responsible or the complaint issues.

My second-hand citations mostly come from accidents where independent witnesses (not involved in the crash) tell me someone blew a red light, didn't yield, etc. When the witness has shown up for the hearing, I've had pretty good luck getting an "R" or having the complaint issue.

Your mileage may vary.

Posted by: Macop

I don't issue citations on second party statements unless at accidents and I rarely do that, unless its serious. If some jamoke makes and operations complaint and has the plate number I givem a Registry complaint form, fill in the offender info, tell to read the bottom for instructions on requesting a hearing and bid them good luck.

Posted by: dcs2244

We issue citations involving a collision based on the evidence, including lemming statements: all well and good. I would not issue a citation based on some lemmings opinion alone. Outside of that, citations are issued based upon ones direct observations of violation.

I advise lemmings reporting violations after-the-fact (which I did not witness)to goto court and take out a complaint...they do not often do that, as they would rather dump that responsibility on the police and "not get involved".

Douchebags.

Posted by: USMCTrooper

Of course you can, if you so desire.

CHAPTER 90C. PROCEDURE FOR MOTOR VEHICLE OFFENSES

Chapter 90C: Section 3. Issuance of citations; hearing; appeal; summons or warrant; complaint; trial; license or permit suspension

Section 3. (A) (1) If a police officer observes or has brought to the officer’s attention the occurrence of a civil motor vehicle infraction, the officer may issue a written warning or may cite the violator for a civil motor vehicle infraction in accordance with this subsection. If the officer issues a citation solely for one or more civil motor vehicle infractions without any associated criminal violations, the officer shall indicate on the citation the scheduled assessment for each civil motor vehicle infraction alleged.

Posted by: phuzz01

Up here, a violation or misdemeanor level offense that does not occur in the officer's presence requires a warrant or exigent circumstances. And a citation does count as an arrest for these purposes.

So, if someone calls in a motor vehicle complaint, you could theoretically issue the operator a citation based solely on the complainant's testimony. However, you would have to do arrest warrant paperwork, which generally is not going to be worth it unless the offense was pretty serious.

Posted by: Delta784

Quote:

Originally Posted by dcs2244

I advise lemmings reporting violations after-the-fact (which I did not witness)to goto court and take out a complaint...they do not often do that, as they would rather dump that responsibility on the police and "not get involved".

Our local district court will not accept a motor vehicle complaint without a citation attached.

If the registrar won't issue citation books to private college PD's or EPO's, I'm pretty sure Joe Lemming isn't getting one either.

Posted by: HPD104

Thanks for the replies. Very interesting.

Posted by: ghostrider

[quote=dcs2244]We issue citations involving a collision based on the evidence, including lemming statements: all well and good. I would not issue a citation based on some lemmings opinion alone. Outside of that, citations are issued based upon ones direct observations of violation.

I advise lemmings reporting violations after-the-fact (which I did not witness)to goto court and take out a complaint...they do not often do that, as they would rather dump that responsibility on the police and "not get involved".

Douchebags.[/quot

dsc2244, are the lemmings and douchbags you refer to the good citizens of the commonwealth.........reread your post...particularly the first line. You can not have it both ways.......issue the "V" it might mean more court time.

Posted by: dcs2244

Yes, and I'm not generally going to issue citations based on the say-so of some civilian, although the complaint by the lemming may cause an investigation which may result in a citation. Too, when the lemming learns he will have to go to court, twice, they become less enthusiastic about pursuing the matter. Even if they insist on pursuing the civil matter, good luck getting them to show for court. The point here is to be careful what one bases ones writing of a citation on...just because the law says one can do something, doesn't mean its necessarily a good idea to do it, especially given the erratic behavior of the human animal/lemming/douchebags. Generally speaking, of course.

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Posted by: billb

Quote:

Originally Posted by dcs2244

We issue citations involving a collision based on the evidence, including lemming statements: all well and good. I would not issue a citation based on some lemmings opinion alone. Outside of that, citations are issued based upon ones direct observations of violation.

I advise lemmings reporting violations after-the-fact (which I did not witness)to goto court and take out a complaint...they do not often do that, as they would rather dump that responsibility on the police and "not get involved".

Douchebags.

Most of the time they don't know the procedure... and when they see you being indifferent towards it there is probably little to motivate them...

they probably walk away thinking "douchebag"

Posted by: Edmizer1

Although rare, I have issued a couple of citations on the word of a civilian alone that did not involve crashes. I can remember one where some people in a neighborhood complained about a specific kid that they knew spinning his tires just to be a jerk. I looked him up and he was suspended. I issued a cite on the word of the neighbors that he was operating.

Posted by: dcs2244

Quote:

Originally Posted by billb

Most of the time they don't know the procedure... and when they see you being indifferent towards it there is probably little to motivate them...

they probably walk away thinking "douchebag"

Oh well. I worked at a very busy place...we didn't have time for that kind of stuff. If one works at a place that has that kind of time to invest, more power to you. Do not project your situation on others. Arranging priorities and all that...

Posted by: MM1799

"Civilian's word"

I invite some of you to chase "22's" around because some moronic civilian thinks someone cut them off in a fit of road rage when in reality they just merged into the lane. Or maybe when there is someone "driving in the BDL" when in fact they were actually slowing and pulling into the BDL.

I am not completely cinical

. Motorist have come through to help the police but the vast majority are just wild goose chases.

Moral of the story: To each their own -- just be careful.

Posted by: dcs2244

[quote=MM1799I am not completely cinical

. Motorist have come through to help the police but the vast majority are just wild goose chases.

Moral of the story: To each their own -- just be careful.[/quote]

I am.

Too right! I did not want to get into the C22 ""...I think he's drunk..." chimera: just lemmings looking to "f8ck" with another lemming over a perceived wrong. You have to love the C22 "drunk" calls: when you ask the person's name...dialtone. Beauty. So you BOLO the vehicle and find out the lemming is not drunk and just another victim of another lemmings perception, i.e. "...I'll fix them..." for some imagined transgression.. Man-hours wasted for petty lemming BS.

And then to write vees on their say-so? Spare me.
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Posted by: Macop

Its very easy just hand em the RMV motor vehicle complaint form. If they have the plate number you can run it and fill the section where it asks for the suspect info. This has nothing to do with court, it is a form the RMV has and the jamoke sends it in and can requset a hearing at which time both parties attend, and has nothing to do with Police. Im not sure what happens if the RMV finds that a violation occured.

Posted by: dcs2244

Quote:

Originally Posted by Macop

Its very easy just hand em the RMV motor vehicle complaint form. If they have the plate number you can run it and fill the section where it asks for the suspect info. This has nothing to do with court, it is a form the RMV has and the jamoke sends it in and can requset a hearing at which time both parties attend, and has nothing to do with Police. Im not sure what happens if the RMV finds that a violation occured.

But it does remove the (generally) BS complaint from your station.

I have used the qualifier "generally" because several new commenters are adept at coming up with marginal scenarios that would be exempt from one's postulation.

Posted by: billb

Quote:

Originally Posted by dcs2244

well said... wait... that was aimed at... HEY!

Posted by: NPDSO

Down in Virginia, we issue Uniform Summons. This is the same as an arrest and is issued for misdeminors such as tresspassing, and for traffic violations. The only time we usually issue a summons after the fact, is in relation to accident investigations, or shoplifting.

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