Finally, some real definition of MGL Ch. 22c, s. 63 powers | MassCops

Finally, some real definition of MGL Ch. 22c, s. 63 powers

Discussion in 'Law Review' started by NEPS, Jul 15, 2013.

  1. NEPS

    NEPS 75th N.H.P.A.

    The SJC, in Commonwealth v. Smeaton, finally construed the word "used" in Ch. 22C, s. 63, as found in the phrase "lands or structures owned, used or occupied" by the institution. The word "used" does include public ways used by institutional affiliates -- at the very least those public ways that abut (or make connections between nearby) institutional properties.

    Here is a link to the SJC slip opinion:
    http://weblinks.westlaw.com/result/default.aspx?action=Search&cnt=DOC&db=MA-ORSLIP&eq=search&fmqv=c&fn=_top&method=TNC&mt=Westlaw&n=1&origin=Search&query=TO(ALLSCT ALLSCTRS ALLSCTOJ)&rlt=CLID_QRYRLT23100534723147&rltdb=CLID_DB14585524723147&rlti=1&rp=/search/default.wl&rs=MAOR1.0&service=Search&sp=MassOF-1001&srch=TRUE&ss=CNT&sskey=CLID_SSSA15601524723147&sv=Split&vr=1.0
     
  2. Joel98

    Joel98 MassCops Member

    It's about time.
     
  3. Code 3

    Code 3 MassCops Member

    Won't open for me :( but what I see so far is a good start!
     
  4. Delta784

    Delta784 Guest

    Wouldn't open for me either.....can someone provide a summation of what it means in the real world?
     
  5. Code 3

    Code 3 MassCops Member

    Screenshot from MGL. uploadfromtaptalk1373928046915.jpg
     
  6. Dan Stark

    Dan Stark Tears of a Clown

    http://law.justia.com/cases/massachusetts/supreme-court/2013/sjc-11208.html

    From what I see. It simplifies CPD jurisdiction with regards to public ways they must use to access property used, owned, or otherwise occupied.

    Atty. Scheft discussed this, and I believe filed a brief in this case. His contention was that it was ridiculous to have campus officers driving on a public way that abuts the campus, and have to be concerned with jurisdiction on pathways that they have no other choice but to use.

    I'm sure his version sounded more lawyerly (yes thats a new word bitches. If rachael jeantel can make up words, so can I)

    liking the final paragraph:
     
  7. grn3charlie

    grn3charlie Yeah, THAT GUY!

    Still says "regular" police officers. Not that I would expect this state to move quickly.

    You go girl! ;)
     
    frank, Code 3 and Dan Stark like this.
  8. mpd61

    mpd61 Retired Fed, Active Special

    Well it took a couple of decades, but the Mullen case holds no water now YEEHAW!

    OOOPS!!! Maybe I spoke too soono_O

    FN6. The judge correctly found that a campus police officer has no authority to issue civil motor vehicle citations, such as one for a marked lane violation, and no authority to stop a vehicle for committing such a violation. See Commonwealth v. Mullen, 40 Mass.App.Ct. 404, 406-407 (1996). Accordingly, we focus on Wagner's observation of the defendant's reckless operation of his motor vehicle in violation of G.L. c. 90, ยง 24(2) (a ), a criminal offense.

    Remember this trainwreck!
    https://www.masscops.com/threads/sspo-powers-for-a-state-college.106626/

    Ahhhhhh
     
  9. new guy

    new guy Subscribing Member

    The stars really lined up nicely for this one. The Officer involved was not duly sworn as a City Special or Deputy, there was no MOU for mutual aid, the incident was not a felony but it did have an immediate threat to safety that needed to be addressed, the roadway was public but it ran along a number of campus properties, and the officer did not over step his boundaries and even called the municipal agency once the stop was made. The courts had no choice but to deliver a ruling on the definition of "used,: under 22c and the fact pattern really illustrated the need to have jurisdiction on public ways with a clear nexus to campus properties.
     
    Kilvinsky, USMCMP5811, frank and 2 others like this.
  10. mpd61

    mpd61 Retired Fed, Active Special

    Couldn't have said it better myself!!!! Clearly illustrates the need for private entities to be SSPO's!!!! There I said it again!
     
    USMCMP5811 likes this.
  11. samadam78

    samadam78 MassCops Member

    Question... Does this ruling give the state schools pds that are not town specials the same ch.90 jurisdiction on the public ways around campus that they have on campus?
     
  12. Joel98

    Joel98 MassCops Member

    Yes.

    'Shall have AUTHORITY in or upon lands owned, used or occupied by the college'

    A speeding car off campus can affect your students just as much as on campus, if they are walking to and from class/parking lots, etc..
     
  13. Deuce

    Deuce screw you...

    This ruling, regardless of being an SSPO or not, does not give carte blanche Ch90 powers on public ways. If I read this correctly, campus POs are still not allowed to stop cars for simple CMVIs on public ways. IOW, you can't pike stop signs and run radar on city streets. Observed criminal violations (OTE) only, and only on public ways bordering the campus in order to prevent or suppress a breach of the peace. I would be careful about playing cowboys and Indians off your reservation, lest the commonwealth get upset and take away what you have....
     
  14. Pvt. Cowboy

    Pvt. Cowboy Lemme take a selfie Staff Member

    YOU'RE NOT THE BOSS OF ME!!
     
  15. Bloodhound

    Bloodhound MassCops Member

    Somewhere, MPD61's head just exploded.
     
    BxDetSgt, USMCMP5811, mpd61 and 3 others like this.
  16. Deuce

    Deuce screw you...

    Ah hell, I ain't even in charge of me-self....
     
    pahapoika likes this.
  17. Deuce

    Deuce screw you...


    I hope not. I can barely read so I might be totally off....
     
    USMCMP5811 likes this.
  18. new guy

    new guy Subscribing Member

    .

    Not necessarily. State Schools derive their Chapter 90 authority from CH 75 sec 32a. This ruling is about authority under Chapter 22c and pertains to criminal offenses. Even if you tried to apply the rationale of this decision to the authority of Ch 75, Sec 32a the wording is different. It gives state schools Ch 90 on campus lands and roadways but does not include lands and roadways "used," in the language.
     
  19. Joel98

    Joel98 MassCops Member

    According to John Scheft, the 'special vigilance' of a campus officer can lead to the officer enforcing laws off campus that affect students/faculty/staff of the college. This includes dealing with speeders who affect students walking to and from campus, and any other similar motor vehicle issues.

    I know John Scheft is only a man and is not the law...BUT he is the state's leading expert on legal updates and campus law enforcement authority, and is continually arguing cases for us as a court recognized expert. So if he says we can do something, I am going to believe him.
     
  20. mpd61

    mpd61 Retired Fed, Active Special

    OKAYYYYYY!!!!!!!!!!!!!!!!!!!!!!!!!
    You wanted me? You got it.......At State Schools the cops ALWAYS had/have/will have CH.90 because of CH75/s.32, CH73/s.18, and CH15A/s.22 Again this is why the damn SSPO powers (CH22C/s63) are stoopid, reedundant, and unnecessary at ANY of these State Schools


    In any event, this DOES appear to cover, in the practicum, any campus PD folks Gov't employed or otherwise for previously mentioned criminal acts and CMVI that endanger the public. Then again, what the fuck do I know? Ron Glidden doesn't feel safe with me having a gun that's legal in about 46 other states.......
     
    pahapoika and Bloodhound like this.
  21. new guy

    new guy Subscribing Member

    Look at the language to Ch 75 sec 32a and compare it to 22c. If you still feel that this decision which pertains to the scope of authority for enforcing criminal law on areas "used," by a college as stated under Ch 22c will now give state schools, who are sworn under a different Chapter and Section, extended jurisdiction to enforce CMVI then have at it. The rationale may be there but as you know, rationale doesn't always win out in court.
     
    samadam78 likes this.
  22. samadam78

    samadam78 MassCops Member

    mpd61, new guy and Kilvinsky like this.
  23. BxDetSgt

    BxDetSgt MassCops Member

    LMAO!!! I do not miss the Chpt. 90 arguments at all. Down here there is no dispute. Pull 'em over and they are yours, don't waste my time with petty B.S. If it is a felony, let me know, but if you want to do traffic off campus have at it, someone has to do it. Although Highway gets touchy about stops on the major highways.:)
     
  24. Kilvinsky

    Kilvinsky I think, therefore I'll never be promoted.

    That is GOOD stuff and yup, mpd61 is going to SCREAM when he reads it.
     
  25. new guy

    new guy Subscribing Member

    I think that the bottom paragraph of page 4 will be the tipping point.
     

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