FEDS & Chapter 90 | MassCops

FEDS & Chapter 90

Discussion in 'Federal Agencies' started by Dragnet, Sep 24, 2007.

  1. Dragnet

    Dragnet New Member

    Can a FED (FBI, ATF, DEA, Customs, etc) stop a MV in Massachusetts for a Chapter 90 violation? DRAGNET
     
  2. MVS

    MVS Chapter 90 Enforcer

    I believe only if it's on FEDERAL property. But even that's a push in the dark. Typically LE Park Rangers are the only ones in this region that I can think of that would enforce chapter 90, which the issue federal citations for in their respective jurisdiction/property.
     
  3. MPD703

    MPD703 Subscribing Member

    Generally speaking federal law enforcement officers can only enforce federal law. So unless they are given some state authority they can not write Chap 90 unless the road is on federal property. Then they could write a federal ticket provided that the agency has regulations about m/v operation.
     
  4. Macop

    Macop Subscribing Member

    They can enforce state laws if they are covered under what called the assimiltive crimes act which gives the feds concurent juristiction. The best examples I kow are the following. I have a friend who worked for the VA Police. I did a ride along and he had a fed cite book and a MA uniform cite book and could write under either. I know that some DOD Police have concurrent jurisdiction, I depends on the base commander and if he/she wants them to have it. And the park rangers do have it, I know that from when I was working on the Cape. They did not have the MA cites, they always wrote for speed under the federal system which is pretty harsh, but for OUI they would charge under MGL and on a few occations I would get called into the station to assist a Park Ranger with filling out the cite because they were not used to doing it, this was down in P-town.
     
  5. Delta784

    Delta784 Guest

    If a VA cop or a NPS Ranger had a Massachusetts Uniform Citation book, it was either stolen or given to them by another agency;

    http://www.mass.gov/legis/laws/mgl/90c-1.htm
     
  6. MPD703

    MPD703 Subscribing Member

    There is no way a fed should have a Mass cite book. The Assimilated Crimes Act just applies the state law if there is no federal law that covers the violation but the charge would still be federal - violating the Assimilated Crimes Act - not an MGL violation.

    In Mass feds have no authority to enforce any state law. In the same way the average police officer in Mass can not enforce most federal law.

    Concurrent jurisdiction is different. All that concurrent jurisdiciton means is that both the state and federal laws apply. There are still a few places which have exclusive federal jurisdiciton - in those areas the state law does not apply. Mostly this is military reservations.
     
  7. Crvtte65

    Crvtte65 Moderator

    When I was on the cape, all the federal officers that arrested for OUI used the federal statue because MGL and MA courts... uuhh SUCK. They have criminal charges for refusal of chemical tests, not this pile of shit "license suspension"
     
  8. 94c

    94c Subscribing Member

    only if they're on a motorcycle.:D
     
  9. Pinkos307

    Pinkos307 MassCops Member

    As a NPS Ranger, we have neither a MA Citation Book nor the authority from this wonderful Commonwealth to enforce Chap 90.

    What we do have is fed. law under 36 CFR S. 4.2(b) which states the following:

    Sec. 4.2 State law applicable.

    (a) Unless specifically addressed by regulations in this chapter,
    traffic and the use of vehicles within a park area are governed by State
    law. State law that is now or may later be in effect is adopted and made
    a part of the regulations in this part.
    (b) Violating a provision of State law is prohibited.


    This is different from the Assimilative Crime Act, 18 U.S.C. ยง 13
    We write all Chap 90 under the above section on Federal Citations with are heard in fed. court

    Also we do have a law that prohibits persons from refusing to take a chemical test (blood, breath, urine, or saliva). If they still refuse, they are then charged with a separate criminal charge.

    Sec. 4.23 Operating under the influence of alcohol or drugs....

    (c) Tests. (1) At the request or direction of an authorized person
    who has probable cause to believe that an operator of a motor vehicle
    within a park area has violated a provision of paragraph (a) of this
    section, the operator shall submit to one or more tests of the blood,
    breath, saliva or urine for the purpose of determining blood alcohol and
    drug content.
    (2) Refusal by an operator to submit to a test is prohibited and
    proof of refusal may be admissible in any related judicial proceeding.
     
  10. jndaniel

    jndaniel New Member

    Federal Protective Service (FPS) I believe has an MOU with Boston to enforce all state and local criminal/civil violations.
     
  11. Delta784

    Delta784 Guest

    That's how Australia does it. I was stopped there at a sobriety checkpoint and just before I blew into the portable machine, I asked out of curiosity what would happen if I refused. The officers pointed to what looked like a mobile home and told me "We'll take you in there and draw a blood sample by force".

    And for you wiseguys, my breath test was 0.00 since I had nothing stronger to drink than coffee that day. :cool:
     
  12. pahapoika

    pahapoika Subscribing Member

    "We'll take you in there and draw a blood sample by force".

    sounds like something out of a science fiction movie.

    who the hell voted for that law ?
     
  13. Delta784

    Delta784 Guest

    I'd vote for it in a heartbeat.
     
  14. DODK911

    DODK911 MassCops Member

    The down and dirty of it. Federal Law Enforcement that do enforce motor vehicle law (DOD, VA, FPS, Etc...) write all infractions on a Federal Citation to the laws of that state. So, any Federal LE in this state would write there citation according to Ch. 90 on a federal citation. We do not use Ch.90 books. If a certain agency has state citation books then they are most likely sworn specials of that town or city where they are located and that Dept. issued them the books.
     
  15. Macop

    Macop Subscribing Member

    Ya, I just it made it up.
     
  16. OutOfManyOne

    OutOfManyOne New Member

    Why would feds want to stop cars for speeding?
     
  17. Delta784

    Delta784 Guest

    Because in Massachusetts, the issue of whether or not you're a "real cop" (whatever that means) somehow became tied to your ability to enforce traffic laws.
     
  18. jndaniel

    jndaniel New Member

    The only Federal LEO's that are allowed to write citations are Federal Police Officers with an 0083 series. 1811's such as FBI Agents, USSS Agents, etc. do not have any authorization to write moving violations. Therefore, no 1811 should be writing moving violations. If that is the case than it is in violation of any state's law but also a violation of OPM and the agencies policies and procedures
     
  19. Delta784

    Delta784 Guest

    Considering the whole al-Qaeda thing, I hope the FBI and USSS have more important things to do than stop people with burned-out brake lights, anyway. :cool:
     
  20. jndaniel

    jndaniel New Member

    Of course. The felony lockups I have gotten were for minor moving violations. The FBI and USSS both have uniform police especially here in DC that do minor moving violations. FBI Police in NYC have that same capability just like US Park Police does. I have worked with numerous guys where I am at that moved onto FBI SA and USSS SA and they have all told me they have authorization from any goverment and/or their agency to enforce civil traffic violations
     
  21. MPD703

    MPD703 Subscribing Member

    1811 or 0083 it really doesnt matter. For fed tickets it is all about who the agency gives the authority to. The other issue is that some states do give feds full LE authority which could include m/v violations.
     
  22. jettsixx

    jettsixx Had enough

    For some strange reason I think the Fed's would have more issues to deal with than writing a speeding ticket
     
  23. Inspector

    Inspector Subscribing Member

    The question asked specified federal agents and as I work with these guys regularly I can assure you all federal agents (fbi, dea, etc.) I know would never consider writing a ticket or getting involved in traffic enforcement. In fact most of the time when there is any possibility of a federal arrest being made on a public way where a motor vehicle stop may be in the offing we request marked police units to execute the stop Back whenI worked on the local payroll in an unmarked unit in plainclothes I would not, as a matter of policy (my own) do a MV stop for a traffic violation rather I'd call in a marked unit and if none was available I'd let the violation slide. There are too many misunderstandings etc. which arise when plainclothes officers insert themselves in situations best taken care of by uniformed officers.
     
  24. billb

    billb MassCops Member

    Early in the forum the Federal Crimes Assimilation Act was mentioned but wasn't explained 100% correct (it was close). The Assimilation Act allows Fed Agencies to assimilate State Laws for enforcement where there isn't a corresponding federal law. There are no Federal Motor Vehicle Laws pertaining to standard moving violations... so Feds that need to enforce Traffic Code on Federal property will assimilate the state or territory's laws of where they are located. The offenses will be tried in Federal Court and we actually have our own citation books. In Mass you will find this at Devens RFTA, Hanscom AFB, VA Hospitals, US Parks, etc..

    It is common to see Federal Officers attending a Massachusetts Reserve Officer Academy just for training in the specific Massachusetts Laws.
     
  25. 94c

    94c Subscribing Member

    regardless of the FBI,ATF,DEA or any other alphabet soup...

    The Ma. citation is bigger than the federal ones.

    Granted, a lot of good police work comes out of Chapter 90 but if the feds are looking for terrorists, kilos, and bombs with a broken tail light, we are all doomed.
     

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