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Posted by: stm4710

Gap in law may limit campus police powers

(single page view)
(view as multiple pages)By Julie Manganis
Staff writer

SALEM — One driver ran a stop sign and kept driving even after an officer pulled behind her. The other made an illegal turn and headed down the wrong side of the road. Both, say police, were drunk.

But because the officer who stopped both drivers last year is a member of the Salem State College campus police, lawyers for the two are arguing that he had no right to stop either.

That's because the law that gives campus police officers the authority to make arrests doesn't specifically give them the authority to make traffic stops — a gap that could lead to drunken driving and other criminal charges being tossed out of court.

"These are police officers who have the power of arrest and therefore should be able to enforce anything having to do with peace and safety on their campus," said Gordon College director of public safety Jeff Hoy. "To me, it's common sense that motor vehicle infractions are part of that."

Prosecutors say another law on the books clearly gives campus police the right to enforce traffic and parking regulations. But more than a year ago, the Registry of Motor Vehicles stopped sending ticket books to campus police departments, saying they no longer believe campus police have the authority to make stops.

"Someone here had taken a look at the law a couple of years ago and realized that campus police chiefs weren't defined under the law as having the authority to issue these tickets," Registry spokeswoman Amie O'Hearn said.

Salem State College Police Chief Brian Pray said he hopes it's just a disagreement over the interpretation of the law. He said he wasn't aware it was a problem until the Registry stopped sending them ticket books.

"Hopefully, it's an oversight or a misinterpretation of the statute," said Pray.

But he and other campus safety officials are backing pending legislation to clarify the law — just in case.

State college campus police, like those at Salem State or North Shore Community College, who are designated as "special state police officers," still have the authority to make arrests for criminal offenses like drunken driving or drug possession. But just like any other police, they need probable cause to believe a crime has been committed. And unless they actually stop the car, they will not be able to determine that, creating a Catch-22 situation.

Private schools can seek special state police status if they meet certain training requirements. On the North Shore, Gordon College in Wenham has done that, though Hoy says they rarely, if ever, make arrests. Endicott College in Beverly has security officers but no police department.

Effect is seen in court

Last September, a 19-year-old student was stopped after running a stop sign on the Salem State campus in front of Peabody Hall. Campus police Sgt. Richard Sherry suspected she was drunk and asked her to perform field sobriety tests, several of which she failed. Based on that, he charged her with drunken driving.

Her lawyer, John Mihos, convinced Salem District Court Judge Richard Mori to dismiss the charge last April on the basis that Sherry did not have the authority to make the stop.

Prosecutors urged Mori to reconsider, and in May, he reinstated the charges. Earlier this week he held to his decision to restore the charges — even after Mihos argued that Sherry's testimony in support of the pending legislation at a State House hearing last month was an acknowledgement of the uncertainty over the law.

This week, another lawyer will ask a Salem District Court judge to dismiss drunken driving charges against a Cape Cod man arrested on campus in January 2004, after he was seen making an improper turn and then heading down the wrong side of a road near campus.

Both Pray and Hoy say they must be able to enforce all state laws and regulations on campus, given their duty to protect their students.

Several legislators have been pushing to amend the law to clarify campus police powers. That bill, Senate 2132, is pending in the Senate Ways and Means Committee.

Pray said he has been talking to Sen. Fred Berry's office about the need for the legislation. "The legislation would remove all doubt," Pray said. "I hate to entertain that thought that the officers wouldn't be able to stop vehicles."

Pray said the department at Salem State still has a stash of ticket books and will continue to make stops on campus.

"We will continue to effect public safety on campus," he said. "We just hope that the Registry gives us the tools that are available."

Posted by: Crvtte65

OUI is an iffy stop since as stated in the article, they aren't sure the person is till they effect the stop. Oper. to endanger is a safer alternative which campus officers should be allowed to continue to do.

As far as all Chap 90 powers, I'm mixed on the subject. Would NU make NUPD collect the racial data

Posted by: SPINMASS

Would the new bill allow private schools chapter 90 as well or just state schools.

Posted by: SSPO#11

SPINMASS,

Just State and Community Colleges........the new law would just solidify previous laws granting us motor vehicle enforcement powers.

#11

Posted by: DODK911

Here we go again with these double and triple standards! Only in MA... I'm not even a Campus Cop and it makes me mad, with all the different standards.

Posted by: Molson

I could have sworn that Babson(private) had ch. 90 cite books, atleast some time in recent years!

Posted by: j809

I used to work for Babson PD and yes we had 90 books. We were sworn in as specials in Wellesley and Needham as well as State Police. The books came from the towns and your wrote the ticket and turned them in to Wellesley PD.

Posted by: RPD931

Quote:

Originally Posted by j809";p=&quot

I used to work for Babson PD and yes we had 90 books. We were sworn in as specials in Wellesley and Needham as well as State Police. The books came from the towns and your wrote the ticket and turned them in to Wellesley PD.

Do they still do this?

Posted by: brits64

I heard that all state hospitals there cops have chapter 90 can any one confrim this

Posted by: mpd61

Quote:

Originally Posted by brits64";p=&quot

I heard that all state hospitals there cops have chapter 90 can any one confrim this

JEEZUS!!!!!!!!!!!!!!

Here we go for the umpteenth time!!

1. YES the DMH/DMR campus police are specifically mentioned as police officers in CH. 90C/s.1. They can therefore be issued ticket books.

2. The State and Community College Police officers have CH. 90 authority granted by MGL CH. 73/s.18 and CH. 15A/s.22
They have been issuing citations and processing them through the courts (and ultimately the RMV) for nearly FOUR DECADES!!!!!!!!!!!!!!!!
The Massachusetts Legislature, through the above cited general laws, granted this power/authority/ability to Police Officers for a reason.

Now, someone at the RMV decided to utilize the definition of a "police chief" under the narrow focus of CH90c/s.1 to STOP ISSUING ticket books to some colleges.

Bottom line is that the definition of "Police Chief" under the context of issuing citation books, CANNOT trump Massachusetts General Laws that authorize "Police Officers" to enforce traffic and parking laws. (MGL Chapters 73/s.18 and 15A/s.22)

That is why the current bill mentioned above will CLARIFY for the RMV blockheads that the Legislature wants them to ISSUE ticket books to State Campus Police Agencies.

For some reason the Media and others have kept misrepresenting the issue. The State and Community Colleges have ALWAYS had the powers to enforce CH.90, if not the courts would have STOPPED processing CMVI and Criminal complaints written on Uniform Citations, DECADES ago!!!!!!!!

ANy more questions???????

Posted by: brits64

thank you

Posted by: VTCOP

You know what, Why doesn't mass just smarting up and give full jurisdiction of the state & full authority of all laws to all police (Campus, State, Local, Sheriffs {oops did i mention that?}). GEEEEE thats right, it would be too easy, and would make too much sense!

Oh, and why not have one maybe only two police academy programs instead of the confusing and pointless academies that are currenlty present.

Posted by: mpd61

Yeah really!!!!

RTT
MPOC
SSPO
RES/INT
and now.......
SPOC

I'm sure I missed one

Posted by: Muggsy09

Quote:

Originally Posted by SPINMASS";p=&quot

Would the new bill allow private schools chapter 90 as well or just state schools.

Correct me if I'm wrong but I thought that just recently no college PDs private or state had the ability to write 90 citations. Also what about making stops in the interest of "Public Safety"? For example just the other night I was driving around the rotary in the center of Franklin and a van almost ran head on right into me. Dumb ass was driving the wrong way on the oneway street. I made the stop and got the heading in the right direction, now what if I just ignored it and he hit and killed someone. People would say "I saw a cruiser drive right by and do nothing." I'm certainly not gonna just drive by and hope nothing happens, or call the local PD and hope they can get the guy stopped in time, I'm gonna do whats right, regardless of what the state says or how pissed other people will get cause we just "campus cops" in their eyes. Same goes for someone who is drunk.

Bottom line, if campus police are given the right of arrest for law enforcement it should ring true for all aspects of the law including chapter 90.

Posted by: MallPolice

i agree, I know I'm just pivate security, but don't we also ensure public safety? We should be able to enforce ch. 90 on mall property as well!

Posted by: Muggsy09

Quote:

Originally Posted by MallPolice";p=&quot

i agree, I know I'm just pivate security, but don't we also ensure public safety? We should be able to enforce ch. 90 on mall property as well!

Oh boy.

yeah thats a great idea

Posted by: sgt128-13

WNEC is a private institution and we have Ch. 90 books. However, they are only used for criminal violations only; not for civil infractions. The courts here like to see the citation along with complaint on Ch. 90 related arrests.

I would assume that most colleges (particularly private) have traffic regulations imposed by the institution. Enforcement of college traffic regulations falls under the SSPO's "community caretaking" responsibilities. So if a stop for a traffic infraction leads to an OUI arrest, the case is still good because the officer is enforcing college regulations (not laws) and then assumes his SSPO role to make the arrest based on PC. Arrestee's are issued a college citation for the infractions of college traffic regulations and the Ch. 90 for the criminal.

Stops here are never made off campus, unless they start on campus. Courts have never had a problem with this Colleges in this area have been operating under this principle for many years and the courts are accustomed to it. So, legitimizing the traffic stop is based on your obligations to the college and not to the Commonwealth. Your ADA's gotta start thinking outside the box with SSPO's.

Posted by: mpd61

Quote:

Originally Posted by sgt128-13";p=&quot

WNEC is a private institution and we have Ch. 90 books. However, they are only used for criminal violations only; not for civil infractions. The courts here like to see the citation along with complaint on Ch. 90 related arrests.

1. Who issues your Uniform Citation Books to WNEC? (where U get em?)

So, legitimizing the traffic stop is based on your obligations to the college and not to the Commonwealth. .

2. Whoa! are you saying college rules/regulations/policies trump Mass General laws, relating to anything criminal coming out of your stops?

SSPO and traffic enforcement are a thin vine to try to tie together.

Posted by: Macop

I don't think he is saying that at all. He is right You stop a car for a violation of a college campus M/V reg which you are allowed to do, and you come across a CRIMINAL Ch90 violation happening in your precense in palin view such as OUI, 90/10, 90/23 so on and so forth you can arrest/summons all day and night. I will even go as far as to say when I was a college cop I had HERO defense attorneys try to get my shit tossed and did not suceed.

Posted by: sgt128-13

Quote:

Originally Posted by Macop";p=&quot

He is right You stop a car for a violation of a college campus M/V reg which you are allowed to do, and you come across a CRIMINAL Ch90 violation happening in your precense in palin view such as OUI, 90/10, 90/23 so on and so forth you can arrest/summons all day and night.

Yep, that's exactly what I'm saying. As long as you can prove you're stopping the vehicle for an infraction of college traffic regs (and issue college traffic citation) then you are acting as a college official up until the point where it turns criminal. We've been doing this for years, with the help of MSP legal and the courts, to get around the fact that we can't enforce MA civil m/v infractions. If your college has written traffic regs and your own in-house (non Ch. 90) citations, you're clear. College traffic regs don't "trump" MGL, but they happen to coexist nicely with them, especially when you can't cite for civil Ch. 90.

Besides, the college gets to keep all the funds unlike Ch. 90.

Posted by: mpd61

How many other "college officials" make traffic stops, or enforce college regulations? What you're saying is that you are a college official, making CMVI stops and writing in-house citations and then IF you get something criminal, you'll write a CH.90 Uniform Citation as a "police officer" right?

Again,

1. Where do you get your CH.90 books from? (Agency)
2. If you can't cite for the initial stop as CMVI, then how do you cross the bridge to make it criminal on the uniform citation?

Sounds just like the Mullins case (Fitchburg) mess all over again? I'm not saying you can't, just sounds thin to me. SSPO is all you've got at most private institutions. Unless you have sworn deputy or special town powers I say eventually this cookie will crumble.

Aaron!!!!!!!!!
Shut up and let him answer this time!!

Posted by: DANIPD

Salem Evening News"Opinion/Editorial"- Aug. 1st, '05:

Charges may be dropped because RMV dropped the ball

A couple of smart attorneys have found what they believe to be a loophole in the law which they hope to employ to get drunk-driving charges dropped against their clients.

The two defendants, one a 19-year-old student and the other a Cape Cod man, were both stopped on the campus of Salem State College. But the fact that the arresting officers were members of the college police departments rather than the Salem P.D., is being used as grounds to seek dismissal of the case.

Prosecutors insist that most college police departments, including Salem State's, have the power to stop motorists who are behaving suspiciously and effect such arrests. And they were able to convince Salem District Court Judge Richard Mori to reconsider his initial decision to drop the charges.

Unfortunately, however, the defense counsel has found an ally in the state Registry of Motor Vehicles which a year ago stopped sending ticket books to campus police — having apparently bought the argument that the law, despite giving them broad authority in other matters, does not allow them to enforce traffic and parking regulations. If the stop was illegal, the lawyers argue, the subsequent charge of driving while intoxicated must be thrown out as well.

It's unfortunate the RMV did not raise the issue when it was first raised so it could have been remedied by the Legislature. We challenge any lawmaker to make the case for allowing someone to drive drunk through a college campus.

We hope prosecutors prevail in their view that the present laws allow campus police full authority to pull over and detain those they suspect are driving under the influence — on or off campus.

Just in case, however, Sen. Frederick E. Berry, D-Peabody, has filed legislation making it clear once and for all that those powers do extend to the members of college departments who have been granted status as "special state police officers." And the Registrar of Motor Vehicles should be first in line to testify on its behalf.

Posted by: mpd61

The above MEDIA BS article illustrates how the entire RMV issue-book-to-who is overshadowing MGL's like CH. 73 s18 etc, etc

Posted by: mpd61

Quote:

Originally Posted by DANIPD";p=&quot

Salem Evening News"Opinion/Editorial"- Aug. 1st, '05:

Charges may be dropped because RMV dropped the ball

Just in case, however, Sen. Frederick E. Berry, D-Peabody, has filed legislation making it clear once and for all that those powers do extend to the members of college departments who have been granted status as "special state police officers." And the Registrar of Motor Vehicles should be first in line to testify on its behalf.

Great! Just great!

Another mis-informed legislator that thinks CH22C "Special State Police Officers" have CH.90.

What a freakin mess!!!!!

Posted by: NACop

MPD,

Chill out dude!! At least you're not worrying about our "townies" roving in gangs of 5-10 picking fights with the MCLA kids sitting in pairs on their stoops on Montana St.

Come out here were the real campus problems are! MCLA Public Safety is a joke!

Posted by: sgt128-13

Quote:

Originally Posted by mpd61";p=&quot

How many other "college officials" make traffic stops, or enforce college regulations? What you're saying is that you are a college official, making CMVI stops and writing in-house citations and then IF you get something criminal, you'll write a CH.90 Uniform Citation as a "police officer" right?

Private school. Therefor vehicle regulation infractions are considered the same as any other college infraction. As college officials, SSPO's enforce these college regulations just as RA's enforce other college infractions. So then, if a criminal infraction is found while exercising our "community caretaking" responsibilities, our authority under 22C/63 kicks in to serve criminal process. For private schools, we have no authority to serve civil process such m/v stops, but as officials of private property, we can enforce college rules.

Again, we only issue criminal citations mainly because the court looks for it when a case comes before them. The citation accompanies a traditional summons (which is redundant, but hey) and any arrest paperwork if there is any.

Quote:

Again,

1. Where do you get your CH.90 books from? (Agency)

Not going to say at this point... I really don't want this to turn into a finger pointing feud. I explained well enough how we got around the issue.

Quote:

2. If you can't cite for the initial stop as CMVI, then how do you cross the bridge to make it criminal on the uniform citation?

See my first paragraph. As a private school, it's given that we have dual roles; more so than a state school.

Quote:

Sounds just like the Mullins case (Fitchburg) mess all over again? I'm not saying you can't, just sounds thin to me. SSPO is all you've got at most private institutions. Unless you have sworn deputy or special town powers I say eventually this cookie will crumble.

Well, hell yeah it's thin... but it works. Our method for dealing with this issue stemmed out of that case, but again, Fitchburg isn't private. Had they adpoted some of the same methods, the outcome might have been different... but that's all in hindsight. Like I said before, we worked with MSP legal on ways that we might resolve the issue and explained everything to our DA who had no problem with it. The bigest thing we had going for us was that we were a private institution. Everything was clearly understood before we attempted our first case with this and it's been smooth sailing since then.

Don't upset the apple cart!!!

I know this doesn't solve the problem with the RMV... I'm just trying to offer some insight as to how you might better solve the other issue at hand in regards to the loophole.

Posted by: mpd61

OH MY GOD!!!!!!!

You won't say where you get your CH.90 citations from? Where's the harm in that?

Absolutely NOTHING in CH.22C/s.63 gives you any motor vehicle authority at a school, private or state!!

MSP Legal? Who you talking about? Troopers @ SSPO inservice? When you talk about Fitchburg State and the Mullins case, there are 50 interpretations and stretches. Facts are that the D.A. in that case did not do his job by appealing, and identifying MGL CH.73/s18 to the first judge or the review court.

At state schools we enforce state laws (CH.73/s18 and CH.15A/s.22) and utilize Uniform Citations for CMVI and criminal statutes.
Your statement "the biggest thing we have going for us is being a private institution" makes no sense as far as SSPO. In addition it implies state schools have less authority than private schools in these cases.
Well...............check out the above MGL's and the bills in the state legislature and you'll find you're soon gonna make case law. "upset the apple cart" Please, It'll be some defense attorney, not me buddy!

Posted by: sgt128-13

You know what? I'm just trying to help out where I can... I've made my case several times and it's too bad you can't do anything but try and tear apart what I've said, instead of trying to think outside the box. This is your problem out there, and I obviously can't make you understand how and why our methods work for us. I'm real sorry that I can't be of any more help to you, as I've tried to explain this the best I can... so good luck!

Thanks for inserting my department patch up there... I'm sure as hell proud of it. "private_kids"??? I think someone needs to grow up

Posted by: dogwatch1021

sgt128-13......You are correct. Your approach in handling traffic stops on your campus is 100% accurate. mpd61 try not to be too upset at the fact that the "private kids" make more money than you.
************************************************** *********
OH MY GOD!!!!!!!

You won't say where you get your CH.90 citations from? Where's the harm in that?.........The little boy who never got his way.....you're going to make someone's life real long!

Posted by: sgt128-13

I really want to help, that's the kind of person I am. So I'll reneg on my above statement.

I think the biggest problem is the laws in which your authority derives. 90C S.1 lists the Colonel of the state police as an issuing authority. Until this debacle is settled, why not get them through the state?

73/18 and 15A/22 both use the verbage "have the powers of police officers, except as to service of civil process." Well, most Ch. 90 violations are civil infractions. So by the very definition of the very law which gives you the authority, it prevents you from writing civil violations.

As a private SSPO under 22C/63 we're obviously not listed under 73/18 and 15A/22. Therefore we have to do things differently. 22C/63 gives us the authority to serve criminal process... even for criminal Ch. 90 (according to the courts in western MA). We can not enforce civil Ch.90 like 90/17. However... students here have a parking contract. That contract states that they shall abide by the parking/traffic regulations of the college... which mimick the m/v laws of the state in a very broad sense.

When a violation of campus traffic regulations occurs, it is treated in one of two ways: 1. If it is a student, the violation is treated as a breach of contract and the stop is made by the campus police as granted by the board of trustees. That sounds similar to the laws stated above for state/community colleges. A college citation is issued. If a criminal offense is then observed, we may then act under 22C/63. 2. If the violator is not a student, it's treated as a criminal trespass on private property. If a criminal act is then observed, we may then act under 22C/63.

To make things simple...

Our department... our sworn police officers enforce college regulations and perform duties that have nothing to do with duties of traditional police. Say perhaps we perform a room lockout for someone, and during that time we observe evidence of 94C. We can act on the criminal offense because we were in a legally justified place fulfilling our "community caretaking" responsibilities to the college at the time.

Another example... a college violation is that student's can't burn incense in their rooms. Not a criminal or civil violation but an act that violates campus regulations and as a "college official" we are authorized to respond and act appropriately. If during that call we observe a criminal offense, We can act because we were in a legally justified place fulfilling our "community caretaking" responsibilities to the college at the time.

So, the same goes for the college's traffic regulations.... we observe an act that violates campus regulations; (we have no intention or reason to believe a criminal offense is ocurring), we stop the car as a college official who is fulfilling his/her community caretaking responsibilities to the college... not enforcing Ch. 90 laws. Just like the two scenarios above, if during the stop we observe a criminal offense, we can then act under our SSPO powers.

This is the advantage I was referring to, when I commented on state versus private campus police authority. Sometimes being more of a "service oriented" department or a "security" outfit, as many private schools are, has it's benefits when we exercise our SSPO powers. We're obviously from two different approaches to the same problem and state schools are mentioned in laws that private schools are not. You may have your hands tied with this because if you don't perform any of those non-police duties, then you have no "community caretaking" responsiblility to the college. If you do, then you have a way around the issue of the authority to stop a car on campus.

So this is how we got around that issue. That's about the best job I can do explaining it. If you served time in a private SSPO department (and I'm not being condescending,) you would/could/should know how and why we do it this way. All I'm suggesting is that maybe it's worth your while to try it this way and see if it floats. Like I said before, this is the way we've been handling this issue for years and the courts have no problem with it.

And if you're going to display an image of my patch, damn it, display a good one!!!

Posted by: Irish Wampanoag

where do you work Hazard County

Posted by: NACop

Quote:

Originally Posted by sgt128-13";p=&quot

I think the biggest problem is the laws in which your authority derives. 90C S.1 lists the Colonel of the state police as an issuing authority. Until this debacle is settled, why not get them through the state?

73/18 and 15A/22 both use the verbage "have the powers of police officers, except as to service of civil process." Well, most Ch. 90 violations are civil infractions. So by the very definition of the very law which gives you the authority, it prevents you from writing civil violations.

To make things simple...

So, the same goes for the college's traffic regulations.... we observe an act that violates campus regulations; (we have no intention or reason to believe a criminal offense is ocurring), we stop the car as a college official who is fulfilling his/her community caretaking responsibilities to the college... not enforcing Ch. 90 laws. Just like the two scenarios above, if during the stop we observe a criminal offense, we can then act under our SSPO powers.

And if you're going to display an image of my patch, damn it, display a good one!!!

Sgt 128-13,

You are out there dude. I'm no fan of MPD61, but you're plain nuts!

1. Your reference to 90C s.1 advising to get the citations from the colonel would be good advise, if the EOPS hadn't already decided to side with RMV and not issue them to ANY colleges/universities!!!
2. As far as 73/18 and 15A/22 "verbage" quote the whole law, or the relevant part [i]"pursuant to the enforcement of traffic and parking rules. Said rules and regulations shall be enforced by persons in the emply of the institution who throughout the property of the institution shall have the powers of police officers, except as to the service of civil process. Now listen to this; part a-NO POLICE OFFICER serves civil process in the commonwealth. That's what constables and sheriffs do! part b- your comparision of CMVI to Civil Process is flawed!!!! two different animals. You really showed your ignorance with that one!!!
State College cops are primarily acting as cops and have Ch 90 WITHOUT any SSPO crap. I worked at a school armed and made arrests/stops/wrote V's as a police officer for seven months before my SSPO warrant came through. SSPO powers are unnecessary and just a duality when you come down to it. 22C/63 like it or not, is the only way most private schools and hospitals, etc get police powers. And the ONLY way they get any Ch90 is by getting books by being town specials or maybe sheriffs. Of course you don't want to say where you get yours,
whatever.

BTW- something in 90C/s1 you overlooked "automobile law violation", (1) of any rule, regulation, order, ordinance, or by-law regulation the parking of motor vehicles established by any city or town or by any commission or body empowered by law to make such rules and regulations therein." (15A/22 Board of trustees)

Nice patch though!

Posted by: sgt128-13

Fine, you guys win... I give up.

Good luck.

Posted by: j809

Hey Sgt dude, the civil process refers to just that , civil process. As municipal police officers we are also prohibited from serving civil process.

Quote:

Section 98. The chief and other police officers of all cities and towns shall have all the powers and duties of constables except serving and executing civil process.

From Chapter 41, Section 98.

Does that mean we can't issue citations? You are confusing civil process with civil motor vehicle violations. CMVIs fall under ALVs as NaCop stated. As a former private collge and state college police officer, I have to say that your statements and interpretations are ridiculuous and if any ADA has bought your arguement they are out of their minds. The only way you can issue a CMVI Ch90 legally on a private college is if you are sworn in the town as a special and that police chief issues you a book. That was the case at Babson College and Wellesley College PD. I hope you have the Homestead Act on your house and a strong union that will back you when you get fired.

Posted by: PVD24

Sgt128

Most Private colleges operate in the ways you mentioned above... All those situations you gave are correct...

You can enter a room as a school official for a health reason or a room lockout and see in plain view MJ sitting on a table.. you have to remove yourself as a College Official.. and then return as a Police Officer either with a warrant or without... It's Legit... I have used that before and the courts are good with it.. Don't let the non -private college folks get to you.. You and I both know that it works for us.. and we shall continue to pull over vehicles for Community Care Taking Reasons.. Good Luck.. just thought I would let you know that I understand where you are coming from...
-PVD

Posted by: JACK 807

j809

WOW! That's all I have to say to your comment to the poor guy on the receiving end. Again, WOW!!

AKA j807

Posted by: Macop

NA cop he is NOT nuts, thats exactley how it works. There is noting thin about it. I have been there and did it like that for two years.

Posted by: Macop

Hey Jimmy I'm gonna kick your ass.

Posted by: NACop

Quote:

Originally Posted by Macop";p=&quot

NA cop he is NOT nuts, thats exactley how it works. There is noting thin about it. I have been there and did it like that for two years.

Macop,

He IS NUTS!!!!!!!!!!!!! R-E-A-D his statements about the colonel issuing ticket books, Civil process service=Civil Motor Vehicle Infractions,

73/18 and 15A/22 both use the verbage "have the powers of police officers, except as to service of civil process." Well, most Ch. 90 violations are civil infractions. So by the very definition of the very law which gives you the authority, it prevents you from writing civil violations.
This fella can't let go of a dead fish! He's Absolutely wrong in the above two examples. Now I'll let you have "community caretaker" doctrine for dorm room madness, but someday the hammer IS gonna fall on the motor vehicle application and require case law challenge. Until this goober states where he gets his CH.90 book from, he looks a little shady as well as plain arrogant.

Posted by: Macop

Until this goober states where he gets his CH.90 book from, he looks a little shady as well as plain arrogant.

Naw NAcop, your just plain wrong.

I supoose my court cases were just a figment of my imagination, thanks for showing me the light

Posted by: mpd61

Quote:

Originally Posted by Macop";p=&quot

Naw NAcop, your just plain wrong.

I supoose my court cases were just a figment of my imagination, thanks for showing me the light

Aaron.....................

First let me point out that NACop gives two (2) examples where Sgt 128-13 was WRONG. (I know you don't agree with his serving civil process=CMVI arguement)

Seconly, he agrees with community caretaker regarding dorms and THEN illustrates how SOMEDAY (the future?) it will be challenged and make case law. This didn't imply that your or anybody else's case were imaginary. The only imaginary event would be you kicking Yimmy's ass, because first, you have to drive right by me when you come off the Cape on your way to Harvard. We all know you'd never get by me DUDE!!!!!!!!!

I think it is safe to say the Sgt 128-13 is Inflexible to say the least............
But who cares what I think?

Posted by: Macop

That does it Scotty I'm kicken your ass first then Yimmie's!!

Posted by: mpd61

Quote:

Originally Posted by Macop";p=&quot

That does it Scotty I'm kicken your ass first then Yimmie's!!

O.K. big-boy!!!!!
But first let's get Sgt 128's foot out of his ass so you can kiss it!
HA HA

Posted by: Macop

Oh you are funny, that will earn you an extra jab.

Posted by: mpd61

I was kinda sad that SGT 128-13 didn't appear at Framingham last week (Campus Police Update Class)to give me a big hug. There was a lost opportunity!

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