Massachusetts Cop Forum banner

Status
Not open for further replies.
1 - 20 of 30 Posts

·
Still [] Square
Joined
·
195 Posts
Discussion Starter · #1 ·
In regards to the "municipal" element of A&B on a P.O., how do the courts interpret the charge as it pertains to campus police in your area? Is it generally accepted, or do they challenge that you are not officers? Just curious.
 

·
Registered
Joined
·
252 Posts
No problem here in Franklin. Wrentham District Court always accepts our charges. None have been thorwn out because the court didn't reconize Campus Police as officers.
 

·
Founder of MassCops
Joined
·
6,401 Posts
smatson, is this a court that is questioning your position or a pond scum sucking lawyer that brought it up in a case?
 

·
Registered
Joined
·
99 Posts
The Hampden County Courts and Holyoke District Court in particular have never given us a problem, nor have they ever rejected a charge on A&B of a campus PO when we have filed same against a defendant.
 

·
Registered
Joined
·
131 Posts
smatson, I was the victim of one just after we got out of the Academy, and it flew with no problem at all, the suspect was charged with disorderly , resisting and A&B PO and nobody even questioned it
 

·
Still [] Square
Joined
·
195 Posts
Discussion Starter · #7 ·
Gil";p="50654 said:
smatson, is this a court that is questioning your position or a pond scum sucking lawyer that brought it up in a case?
Gil,
In the Northampton district courts A&B on P.O. will not fly, they cite case law that states that a campus police officer is not a "municipal officer", therefore, the case will not fly. Officers have to charge the offender with assault and battery only. I thought this was absurd and I wondered if any other departments ran into this. If you are familiar with Northampton you understand the liberal philosophy. Just be lucky that your defense attny. did not find this case law! It really should be reviewed and rewritten! As is the case with many laws. *sigh I am surprised that no one else has run into this!
 

·
Founder of MassCops
Joined
·
6,401 Posts
I have actually heard A&B P.O. has been questioned by some in the courts, lawyers and others that think being assaulted comes with the job and defendants should not be charged with it. :shock:

I also know of an officer that will never charge for A&B on a PO so that he can take the defendant to civil court if he so chooses. Apparently if you charge them with A&B PO you can't take any civil action against them.
 

·
Czar of Cyncism and Satire
Joined
·
2,070 Posts
Many moons ago while I was a rookie in Roxbury District Court, I witnessed Judge Redd tell a Boston cop that the A&B PO charge should be dropped and there should be no such law. He went on further stating that it's part of the PO's job.

The officer calmly stated that it's not in his job description to get whacked by a scumbag and it's not in the Judges job description either. So who was he (Redd) to make laws from the bench? Wow, what a set of balls on that old timer. He retired soon after but I did tell him I enjoyed his reply immensely.

I think if a campus PO can arrest under state statue, he or she should be covered by the ABPO statue as well.
 

·
Subscribing Member
Joined
·
1,322 Posts
Smatson,

It has held where I work. I am wondering though if the real issue that Northampton Courts has is with the fact that you work for a private school and not a governmental agency (just a thought). Since A&B on a PO falls under Chp. 265 Sec. 13D (A&B on a Public Employee) and you are not a public employee the courts may be taking a strict interpretation and viewing private college CPO's as private sector not public employees, therefore not covered under 265/13D. Personally I don't like it at all, and I feel what the legislature should do is adopt a specific statute for Police Officers much like there is for EMT's in Chp. 265 sec. 13I. Unfortunately without that type of wording there is a loophole for Police Officers employed by private colleges.
 

·
Subscribing Member
Joined
·
1,169 Posts
Excellent point! That's why it is important to charge with everythng when dealing with such a POS. The BOP will then reflect the colorful past.
 

·
Subscribing Member
Joined
·
4,316 Posts
We had no problem charging people with this at the State College PD. We were public employees and sworn in under 22C S.63. Charge them anyway and let the DA downgrade it.
 

·
Subscribing Member
Joined
·
530 Posts
I learned in the academy that you should charge a person with A&B on a PO if they hit you. However I have done this and was told by Boston Police as well as Boston Municipal court that since I work for a private college I cannot charge with A&B on a PO. am 22c Sec 63 but BMC (Boston Municipal Court) will not allow the charge
 

·
MassCops Member
Joined
·
24 Posts
Brockton District Court treats us like they do Town Cops no differance I'm the procecutor for our department anything I bring to the courts they proscess. We also have a very good conviction rate :twisted:
 

·
Registered
Joined
·
89 Posts
I'm sure a clever defense attorney looked at the "public employee" aspect of the charge and stated that a private college police officer is NOT an "public employee". The charge doesn't just cover police officers. Once the precedent is set, it's tough to change it.

CHAPTER 265. CRIMES AGAINST THE PERSON

Chapter 265: Section 13D Assault and battery upon public employees; penalty

Section 13D. Whoever commits an assault and battery upon any public employee when such person is engaged in the performance of his duties at the time of such assault and battery, shall be punished by imprisonment for not less than ninety days nor more than two and one-half years in a house of correction or by a fine of not less than five hundred nor more than five thousand dollars.
 

·
Registered
Joined
·
456 Posts
When I was appointed a Special PO (for a municipality), the Chief told me (and the rest of us) that he would NOT allow us to charge A&B PO regardless of any facts. Even though we were sworn, academy trained, armed and fully qualified, he told us that although we had the legal authority to arrest, he strongly "suggested" that we NOT do it and call a FT PO to make any arrest. Another of his positions was that if we made an arrest, we'd be required to go to court on our own time and he wouldn't allow us to get paid mileage or a witness fee! [Keep in mind that we worked paid shifts and details as well as provided freebie services for town events.]

Certainly not the best of situations!
 

·
Subscribing Member
Joined
·
1,167 Posts
Simlarly, I've heard horror stories about A&B Correctional Officer, is often dropped down to simple A&B, because it is "part of the job".
 

·
Retired Fed, Active Special
Joined
·
8,660 Posts
LenS";p="51190 said:
When I was appointed a Special PO (for a municipality), the Chief told me (and the rest of us) that he would NOT allow us to charge A&B PO regardless of any facts. Even though we were sworn, academy trained, armed and fully qualified, he told us that although we had the legal authority to arrest, he strongly "suggested" that we NOT do it and call a FT PO to make any arrest. Another of his positions was that if we made an arrest, we'd be required to go to court on our own time and he wouldn't allow us to get paid mileage or a witness fee! [Keep in mind that we worked paid shifts and details as well as provided freebie services for town events.]

Certainly not the best of situations!
Well then.............

May a detainee throw feces on that Chief someday!
:sq:
 

·
Registered
Joined
·
456 Posts
mpd61";p="51527 said:
LenS";p="51190 said:
When I was appointed a Special PO (for a municipality), the Chief told me (and the rest of us) that he would NOT allow us to charge A&B PO regardless of any facts. Even though we were sworn, academy trained, armed and fully qualified, he told us that although we had the legal authority to arrest, he strongly "suggested" that we NOT do it and call a FT PO to make any arrest. Another of his positions was that if we made an arrest, we'd be required to go to court on our own time and he wouldn't allow us to get paid mileage or a witness fee! [Keep in mind that we worked paid shifts and details as well as provided freebie services for town events.]

Certainly not the best of situations!
Well then.............

May a detainee throw feces on that Chief someday!
:sq:
Well, that Chief has been gone since 1985 or 1986, from cancer unfortunately. Two chiefs later and not much has changed, except I'm not with the PD any more (and none of us that worked with me as PT are still there except for a few who went FT).
 
1 - 20 of 30 Posts
Status
Not open for further replies.
Top