-------------------------------------------------------------------------------- I was sitting in stop and go traffic in the right lane of Rt128 the other day when a green explorer raced by me in the breakdown lane with strobes and a siren. For some reason, I decided to follow and I called into the Barracks to have then contact the local PD to see if they had a similar vehicle. He took the exit and shut down everything when we came to a red light at the end of the ramp. At that point, I knew something was up. I stopped him and immediately before stopping, the lights went on again as if to say "I'm on the job." I continued on to make the stop. Long story short, he was a security guard who was late to work. I can't believe this stuff is not a felony in MA.
One thing that I would like to start seeing on this site is stories such as this and what the charges were and why. Then input from other's as to what they would have tacked on and why. I feel that there is alot to learn in this profession and not alot of time to do it. We need to fill our "toolbox" with all the tools that we can learn and no better way to do that then from other's expirience and discussion.
What i didn't mention was that on my approach, he got on a "walkie-talkie" and started talking. There was no reply. It was off. He was really trying to play this off. I asked the Duty Lt. and he said there was not enough there for Impersonating. So, I charged him with 1) Unlawful siren 2) Aftermarket lighting 3) Unlawful use of emergency lighting 4) speed 5) Operating in the BDL That's all I could do. AND, # 2 and 3 are the same MGL. He had no excuse other than he was late for work
Can you make this asshat remove the strobes and siren on scene or can you render them inoperable at the time of the gig? Just wondering. HC
Re: Damn Whackers Great use of intuition, 78th!...I've had something similar like that happen to me before, but the plate came back "NO MATCHING RECORD"; so I knew it was legit.
That's unreal. How can someone who's blatantly trying to pass off that he's a police officer, not have some type of MGL that would cover this instance? As a civilian, I know VERY LITTLE about the MGL's. But SERIOUSLY, how the hell can't he be charged? He's using breakdown lanes line he's LE, complete with strobes and sirens... I mean if it looks like a duck, and smells like a duck... I'm shocked that you couldn't hook that kid. Wow. I hope that he at the very least got a verbal thrashing that made him cry.
No.. they were white strobes on front and back, like a construction vehicle. He may or may not have been spoken to sternly. The thing that worries me is that this is obviously not the first time it was done (as he feels he did NOTHING wrong), nor will it be the last.
78... Why not charge with Operating Negligently as to Endanger? It wasn't an active BDL right? Is is reasonable that activating a siren and strobes was enough to startle/frighten other operators on the road, causing a crash? There's case law to support negligent operation if the operation has the "potential" to cause a crash. Immediate threat for his license...OTE looks for manner of operation, times of day, type of road, road conditions, danger to public due to the location..sounds like you could make a decent argument for it. CMR 540 is specific about headlights or auxiliary lights that flash alternately in 22.05...and colored lights in 22.06. If the sole purpose of using strobes and siren was to get through traffic, then his operation and actions after speaking on a radio that was turned off, turning the lights on and off, leads you to believe he was being decietful and knew what he was doing was wrong, right?? Expose the fraud and detail all of it in your report. At the least it gives the Registry guys good reason to suspend his license and will cost the guy huge penalties to get reinstated. Additionally he will have to explain his actions to someone.
A while ago A1 had some security guard stopped on 93 in Andover for putting his strobes on and assisting with a DMV. I don't remember much about it just that I overheard it on the scanner while on a detail. I never asked much more since it seemed like some dumbass. I wonder if it's the same idiot. I am almost certain it was in the security vehicle and the security supervisor was contacted, etc. I do remember no charges for Impersonating because he never actually stated he was a PO and whether or not he was perceived as a PO was in doubt.
One time at band camp, I was working a bike race detail and along came a white explorer... Oh thats right you guys already know this story. I can't help it though, I like a story with a happy ending. Boats
Write the cite and talk to this clown's supervisor. Anyone who owns a security business doesn't want this type of attention.
Exactly what I was hoping to see guys, I am sure that between all the members we could have a pretty active and educational forum if one was created for gists to be put up and charges to be discussed on those threads. I think it would be beneficial for all of us, especially "YOU" people that lurk here when you are supposed to be working. . It's be MASSCOPS version of Online Academy.
:innocent: WHADDYA MEAN ???? :innocent: For the record, I am currently home, watching my "morning soaps"! ( "morning soaps" being the two white machines in the cellar... )
:innocent: WHADDYA MEAN ???? :innocent: For the record, I am currently home, watching my "morning soaps"! ( "morning soaps" being the two white machines in the cellar... )
For the sake of my post, I'll assume he was doing at least 30 mph in the BDL. How about speeding - $300.00 for doing 30 in a 0?
Many of the guys and girls who work in the hearings section of the Registry are retired cops and troopers who know exactly what we're forwarding to them from personal experience and are very eager to help. Therefore they appropriately hold dangerous operators more accountable for their actions than many courts. I make it a practice to almost ALWAYS file immediate threat forms for OTE, as by the definition OTE are threats to safe operation by other operators.
MM1799, if it happened much earlier this year, I think that was me who stopped that security guard on 93 NB. I was heading out to a female DMV and saw this guy pulling away from her car in his pick up with the flashy bullshit strobes in the tail lights. After I stopped him I found out he was a security guard who'd just left work at the IRS facility. He was all tricked out in his spiffy "uniform". Meanwhile a K-9 cruiser had stopped to check on the DMV female party (I couldn't you see, because I needed to pull him over and make sure he didn't have her under a blanket in the back seat). The K-9 trooper spoke with her and advised that IRS boy had not represented himself as law enforcement, but had only offered assistance. I imagined him sitting there in his goofy Pinkerton's suit with the flashy strobes going, hoping like hell she'd draw the wrong conclusion. "OBOYOBOY...She thinks I'm a cop !!!" He muttered some nonsense about "plowing part time", the strobes being for "safety" and that he only put them on so he wouldn't get hit while in the BDL. I advised him a better way to avoid being hit in the BDL was not to stop there in the first place while trying to play police officer. I further explained that I was now tied up investigating his actions instead of doing what I should have been doing at that time: assisting the DMV. I obtained his employment information and spoke to his employer the next day, mainly to let them know of a potential problem in their ranks. Did I consider charging him? Yes. For what and to what end? The strobe use was a longshot. After some consideration, the best I could reasonably do was the phone call to his boss and a log note with identifying information. Oh yeah.... Neg. C-14, No BOP, but I'm sure he's got a big stack of rejection letters from police departments up and down the east coast!
"I obtained his employment information and spoke to his employer the next day, mainly to let them know of a potential problem in their ranks. Did I consider charging him? Yes. For what and to what end? The strobe use was a longshot. After some consideration, the best I could reasonably do was the phone call to his boss and a log note with identifying information." Sometimes that is just enough to make him think twice. Hope that this is the case.
If you really wanted to ruin his day 78 you definitely had all the elements for a disorderly arrest. Tumultuous behavior with no lawful purpose.
If I cited people who put their strobes on to park in the travel lane while they run in to get chow, the Worcester Fire Chief would be calling my boss quite regularly.