Falmouth constable accused of impersonating officer | MassCops

Falmouth constable accused of impersonating officer

Discussion in 'Police Impersonation News' started by cc3915, Jun 10, 2011.

  1. cc3915

    cc3915 MassCops Angel Staff Member

    FALMOUTH — A local constable is being investigated for impersonating a police officer when he tried to fix a family member's traffic ticket.
    George Morse, 58, is scheduled for a July 5 magistrate's hearing to determine whether the Bourne Police Department has enough evidence to charge him with impersonating a police officer, a criminal offense.
    Morse is also under investigation by another Cape police department for "similar instances," a law enforcement source said.
    Morse denies that he identified himself as a Falmouth officer when he called Bourne police Officer Brandon Esip on May 28 for "a little professional courtesy" regarding a citation Esip had written for Morse's stepson.


    Falmouth constable accused of impersonating officer | CapeCodOnline.com

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  2. cc3915

    cc3915 MassCops Angel Staff Member

    A little background story on this guy from '09..... He's been a problem for the town for a long time and depending on who's sitting on the Board of Selectmen, he's either a constable or not-a-constable


    ----------------------------------


    FALMOUTH — George Morse got the legal opinion he was hoping for, but he is no closer to getting his job back as a town constable.At Monday's selectmen's meeting, town attorney Frank Duffy told the five-member board it may have inappropriately viewed Morse's criminal history and advised returning any relevant documents received as part of Morse's police background check.
    Yesterday, Mary "Pat" Flynn, the board's chairwoman, said she doesn't feel there was any wrongdoing and there is no reason to take another vote on Morse.
    "As far as I'm concerned, it's over," Flynn said. "It was appropriate for us to have (Morse's information), we have it and that's it."

    Selectmen brush off Falmouth constable's legal win | CapeCodOnline.com


    Tensions on the Falmouth Board of Selectmen continued to fester this week after it was revealed that Selectman Ahmed A. Mustafa went with former town constable George W. Morse of Highview Drive, East Falmouth, to deliver a complaint against the town to the Massachusetts Commission Against Discrimination office in Boston.
    Although her office received the complaint, Barbara Green, MCAD spokesman, said it was not available to be shared with the public because the town has not yet been served with it.
    Mr. Morse, who refused to return repeated calls for an interview, has been the focus of considerable scrutiny since not being reappointed as a constable in June.


    http://www.capenews.net/communities/falmouth/news/129
     
  3. LGriffin

    LGriffin Always Watching

  4. justanotherparatrooper

    justanotherparatrooper Pissin' in liberals cheerio's for 40 years :) Staff Member

    This thread has the potential to be
    epic!:rolleyes:
     
  5. Delta784

    Delta784 Guest

    I'm curious as to exactly how much civil process he has actually served, or whether he just wants the title/badge/power.
     
  6. justanotherparatrooper

    justanotherparatrooper Pissin' in liberals cheerio's for 40 years :) Staff Member

    Im waiting for him to stumble across this thread and "defend" himself :rolleyes:
     
  7. Delta784

    Delta784 Guest

    I foresee a link to 41-98 in the near future....."all the powers and duties on constables". :rolleyes:
     
  8. frapmpd24

    frapmpd24 Senior Member

    Let's analyze this one, using the elements of the crime, under M.G.L.A. 268 s. 33

    (1). Whoever falsely assumes or pretends

    (2). to be a justice of the peace, notary public, sheriff, deputy sheriff, medical examiner, associate medical examiner, constable, police officer, probation officer, or examiner, investigator or other officer appointed by the registrar of motor vehicles, or inspector, investigator or examiner of the department of public utilities or the department of telecommunications and cable, or investigator or other officer of the alcoholic beverages control commission, or investigator or other official of the bureau of special investigations, or examiner, investigator or other officer of the department of revenue,

    (3) (a) and acts as such
    (b) or requires a person to aid or assist him in a matter pertaining to the duty of such officer,

    (4) shall be punished by a fine of not more than four hundred dollars or by imprisonment for not more than one year.

    First, looking at things based on the facts we have available in the article that he simply called asking for "a little professional courtesy" and nothing else, that isn't exactly "falsely assuming" or "pretending" to be a police officer, or any of the officers described for that matter, described in element #2.

    If a firefighter, EMT, Nurse, member of the military, federal agent, court officer, clerk magistrate or court staff, or anyone else not listed in the statute (just like the above constable) asks for "a little professional courtesy" roadside during a stop or at any other point after issuance of a citation, would that satisfy the first two elements? I highly doubt it.

    Second, let's just for argument sake say the Clerk-Magistrate finds probable cause that elements one and two are met at a show-cause hearing. To find the third element that the constable in question acted as a "police officer" or "required the Bourne Officer to assist him in a matter pertaining such duty", carries the assumption on the Clerk's part (and dangerously so), that fixing a ticket in violation of Chapter 90 Section 2 and Chapter 90C, Sections 2, 6, and 10 is a way of: a) "acting as a police officer" or b) "requiring the Bourne officer to assist him in a matter pertaining to such duty".

    By asking to have a ticket fixed, how can the Falmouth Constable be impersonating a police officer, when ticket fixing is a violation of the law, per se? Since the practice is prohibited under M.G.L., the constable (or anyone) would not be "acting as an officer" or "requiring the officer to assist him in a duty", which by law, he does not have, nor even exists. It's akin to jamming a square peg in a round hole, taking it out, and telling everyone it is round.

    My Predication: Dismissed at the clerk's hearing, they don't want that hot potato in their hands. If it does get passed the Clerk and there is an adverse finding against the Constable at the district court level, (nothing surprising with district court judges), than it would make for a good appeals court case.

    In no way am I saying it is bad to use the facts of an incident combined with your skill to argue (through good report writing) that there would is an alternative way of satisfying the elements of crime. Otherwise, it would not give the appeals court anything to look at to make case law in our favor.

    The lesson here, IMHO, is sometimes you just have to "let it go", no matter how repugnant of a person they are. Tell people "No", hang-up the phone/walk away, and leave it at that. Usually they will resurface and do something dumb again, that would be a solid case.

    The better course of action would probably be to write a letter or have the Chief/Town Administrator rifle off a letter or email to the Selectmen or Town Adminstrator in Falmouth detailing their actions. And if they don't act upon it and things are swept under the rug, the newspaper can always learn of it somehow and file the old FOIA request for said letter to expose the guy and why nothing was done.
     
  9. cc3915

    cc3915 MassCops Angel Staff Member

    Falmouth Constable Accused of Impersonating a Police Officer

    A routine traffic stop of his stepson, Aaron M. Francis, at the end of last month in Bourne could lead to more troubles for Falmouth constable George W. Morse, of Highview Drive, East Falmouth, who is being accused of impersonating a police officer by police in the neighboring town.
    Mr. Morse, who is maintaining his innocence, will go before a clerk magistrate at Falmouth District Court on Tuesday, July 5, at which point it will be determined whether he should be arraigned.
    The charges stem from a traffic stop that occurred at the end of May, during which Mr. Morse said his stepson was pulled over for speeding and also ticketed for not wearing a seat belt.
    While Mr. Morse is not disputing those infractions, he said he was upset that Bourne Police Officer Brandon Esip had Mr. Francis’s vehicle towed because it was unregistered. Mr. Morse said the registration was not set to expire until the last day of the month and Mr. Esip was wrong in having the car towed, which cost Mr. Francis $125 to get the vehicle back.

    Falmouth Constable Accused of Impersonating a Police Officer - Falmouth - Communities | The Enterprise Newspapers
     
  10. csauce777

    csauce777 Supporting Member

    I know it doesn't much matter as far as the criminal case goes, but was the car unregistered or not? Most of us have MDT's that give you a glaring EXP on the plate status. If not, dispatch will confirm the status. I don't see how this could be mistaken.
     
  11. cc3915

    cc3915 MassCops Angel Staff Member

    Falmouth constable charged with impersonating police officer

    FALMOUTH — George Morse, a Falmouth constable, will face a charge that he impersonated a police officer in his attempt to fix a motor vehicle ticket issued to his stepson.
    Falmouth District Court Magistrate Ed Teague issued the criminal complaint Tuesday after a magistrate's hearing, Morse's attorney Robert Nolan said. Morse, 58, of East Falmouth is scheduled to be arraigned Tuesday, Nolan said.
    "He asserts his innocence and asserts that he did not impersonate a police officer that evening," Nolan said. "We're looking forward to his trial."

    Falmouth constable charged with impersonating police officer | CapeCodOnline.com
     
  12. pahapoika

    pahapoika Subscribing Member

    sounds like small town politics.
     

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