Failure to Book | MassCops

Failure to Book

Discussion in 'Law Review' started by aema788, Feb 26, 2013.

  1. aema788

    aema788 MassCops Member

    First as I am a new user I apologize if this is not in the right forum.

    Tonight I was told by an Officer from another department that I should have charged an individual I arrested with Hindering a Police Officer (C268 S34) after they refused to book. I could find no such charge in any of my cruiser guides and a search of MGL located the law but it does not apply in my mind because the person must be disguised. I was wondering if anyone knew of a charge which is acceptable for a person who fails to cooperate at the booking window. I know of false name/SSN but if they refuse to even give a name, or in my case to be fingerprinted, photographed or answer demographic questions. Any assistance would be greatly appreciated.
  2. Delta784

    Delta784 Guest

    What were the circumstances?
  3. topcop14

    topcop14 Subscribing Member

    Refuse to be booked, I love that one. Comply with booking or rot in a cell because you are not getting bailed until booking is complete.
    Tuna, Fuzzywuzzy, felony and 17 others like this.
  4. niteowl1970

    niteowl1970 Moderator Staff Member

    One circumstance where the Bail Clerks will not take their $40.00 and run.
  5. Delta784

    Delta784 Guest

    The way I read it, the OP is saying his PD refused to book on that charge.
  6. aema788

    aema788 MassCops Member

    He was compliant during the arrest, transported him to the station, went into the holding cell without a problem. Got him out of the cell, he gave us name, DOB and social, then when we got to mother and fathers name said they had none. Refused to answer other questions so skipped to photo. Refused to cooperate with photo or prints, so booking officer said thats fine no bail no nothing until you are booked, not my problem. Included in the report that he refused to cooperate and all. Was told to charge with C268 S34 so I included that on the court complaint. Now I am not to sure that was the most appropriate charge, the supervisor approved the report so maybe it is.
    The more I think "creatively" I feel maybe one could argue that he did disguise himself as he prevented his true identity from being determined through the use of a photo and fingerprints. As the definition of disguise is

    to change the appearance or guise of so as to conceal identity or mislead

    The law is as follows:
    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.

    What do you all think? Not that it is a link but false SSN or Name is 34A so one could say the legislature added to 34 in order to give more guidance. Or does someone know of a separate charge that would work?
  7. niteowl1970

    niteowl1970 Moderator Staff Member

    Seems like a lot of work for a charge that will most certainly be dismissed. Just sayin.
    USMCMP5811 likes this.
  8. aema788

    aema788 MassCops Member

    Still new to the LEO world, just under a year. Still believe the courts will actually look at my work... don't worry that sense of pride in the courts is fading each time I go.
  9. Delta784

    Delta784 Guest

    "Disguises" can be taken different ways. If I tell you my name is something other than it is, that could be considered disguising. It could also mean putting a mask on.

    As usual, trying to figure out MGL is like trying to nail Jello to the wall. That's what we get when we have defense lawyers writing the law.
  10. Delta784

    Delta784 Guest


    <catches breath>

    BxDetSgt, PPD54, cousteau and 9 others like this.
  11. niteowl1970

    niteowl1970 Moderator Staff Member

    Fair enough.... Good luck and stay safe out there.
  12. Herrdoktor

    Herrdoktor MassCops Member

    Especially since he is just going to sit in jail until he is printed.
  13. GreenMachine

    GreenMachine Infidel

    Bail him and make booking part of the bail conditions. Once he refuses after bail he will be violating his bail and can be charged.
  14. LGriffin

    LGriffin Always Watching

    They get nothing until they submit to booking.

    You'll find that many are cooperative and then flare up in booking. They've had time to think and that's when they decide to act like spoiled toddlers, so stay on your game in booking. It sucks because it's a confined space and fluids make it slippery.

    With regard to additional charges, you should refer to your Sgt. Your supervisors opinion matters more than the courts. You'll figure out what the court thinks of you (squared away or not) on your own after the first time you bleed doing the right thing and you're told it should be expected, charge dropped.
    USMCMP5811, Hush and BxDetSgt like this.
  15. GMass

    GMass Guest

    I've never had someone flat-out refuse to cooperate with the booking process. By about the 14th tab in IMC arrest / booking, I've had a few people get a little testy. "If you don't completely cooperate with booking, you'll be sent to the _____ county jail as a 'john doe' until I'm ready to try again" has solved that problem.
  16. 263FPD

    263FPD MassCops Angel

    I have no idea what chapter and section, but False Name at Booking is absolutely a charge-able offense. Not so sure that it would apply here, however, as someone already stated, they get no rights afforded to them until the booking process is completed. No calls, no bail, no nada.

    Sent from my iPhone using Tapatalk
    USMCMP5811 likes this.
  17. LGriffin

    LGriffin Always Watching

    268/34A but MA courts won't buy it IF he provided his true name and just crapped out on prints and SSN.

    90/25 becomes routine after the the courts reaffirm the behaviors involved in 268/34A.
    263FPD likes this.
  18. BxDetSgt

    BxDetSgt MassCops Member

    Book as a John Doe and bring to arraignment, Judge will find in contempt because suspect is not ID'd and is refusing to be ID'd. Will be held until he consents to court order. (have had same scenario a few times in NY and on an extradition from MA)
    USMCMP5811 and LGriffin like this.
  19. Deuce

    Deuce screw you...

    LGriffin, USMCMP5811 and Delta784 like this.
  20. Delta784

    Delta784 Guest

    Give it another year or so.
  21. LGriffin

    LGriffin Always Watching

    If it takes that long i'll worry that he's a little s l o w.;)
  22. sgttrunk

    sgttrunk MassCops Member

    Try interfering with a police officer common law, it is in the criminal complaint reference manual under common law crimes.
  23. sgttrunk

    sgttrunk MassCops Member


    on [DATE OF OFFENSE:] did intimidate, hinder or interrupt a police officer in the lawful performance of his or her duty, in violation of the Common Law.

    (PENALTY from G.L. c.279, §5: “according to the nature of the crime, as conforms to the common usage and practice in the Commonwealth.”)
  24. felony

    felony MassCops Member

    Interfering with a police officer is the catch all charge. In RI, we have obstruction of duty/justice, which is the same thing. If you lie to the police, hinder my investigation in anyway, which could be as simple as refusing to produce ID, when requested or fleeing the scene of a crime (DUI crash, foot pursuit etc).

    For MA the threshold is higher than RI for the charge.
  25. PPD54

    PPD54 Highly Dedicated, Slightly Motivated

    I love that charge. I charged it for a guy constantly throwing wet toilet paper on the cell camera and explained in my report that he was warned and that since we couldn't see him several officers that should have been patrolling the streets and to come in and "address" the issue. ....just think about being stuck in a cell until Monday morning in just boxers with no toilet paper. Joke was on him.

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