Dear Mr. ######,
I am writing in response to your recent correspondence directed to Lieutenant Governor Kerry Healey regarding campus police officers’ authority to issue civil motor vehicle infractions. As this matter involves a law enforcement issue, it was referred to the Executive Office of Public Safety (EOPS) for response. Although the issue of whether campus police officers should or should not be authorized to issue citations may be worthy of debate, the assumptions and conclusions regarding campus police authority contained in the Patriot Ledger article cited in your correspondence are incorrect as a matter of law. As further set forth below, the only way for campus police officers to obtain the lawful authority to issue civil motor vehicle infractions is through amendment to the General Laws.
With very specific exceptions, as subsequently explained further, campus police officers do not have the statutory authority to issue civil motor vehicle citations. In order to have the ability to issue civil motor vehicle citations a law enforcement officer must be a “police officer” as defined in G.L. c.90C, § 1. Campus police officers licensed as special state police officers do not meet the statutory definition contained in G.L. 90C, § 1. To the extent that the authority of campus police officers to issue civil motor vehicle infractions was ever open to interpretation, the Massachusetts Appeals Court ended the debate in 1996, specifically stating that state college campus police officers do not possess the statutory authority to make motor vehicle stops under chapter 90 or issue citations. See Commonwealth v. Mullen, 40 Mass App. 404 (1996) (campus police officers are not empowered under G.L. c. 90C, § 2 to stop motorists for automobile violations on pubic ways within their jurisdiction). This practice was ended as a matter of statutory interpretation by the Appeals Court, not through an EOPS or Registry “policy” change as professed by many campus police officials.
Campus police officers are authorized under G.L. c. 73, § 18 to enforce campus parking and driving regulations. Absent inclusion in the definition of police officer in Chapter 90C, however, such authority does not include the ability to issue citations for state driving violations. Where the Legislature has intended certain campus police officers to have Chapter 90 powers, they have added specific classes of officers to the definition of Chapter 90C, including University of Massachusetts police officers and officers at Southeaster Massachusetts University (renamed University of Massachusetts, Dartmouth). See G.L. c. 90C § 1. Significantly, University of Massachusetts police officers have identical (verbatim) powers to enforce campus parking and driving under G.L. c. 75, § 32A as other state college campus police officers under G.L. c. 73 § 18 but their ability to issue state civil motor vehicle citations is derived solely from their inclusion in the definition of “police officer” in Chapter 90C. Had the definition of police officer containing in G.L. c. 90C § 1 intended to include all campus police officers, the specifically named departments contained n the definition would be unnecessary and redundant. Mullen, 40 Mass. App. 409.
The lack of the power to issue civil motor vehicle citations does not necessarily diminish campus police officer’ overall ability to ensure the safety of college and university campuses. In fact, the Massachusetts Court of Appeals recently reinforced the authority of campus police officers’ power of arrest and ability to stop and detain a suspect in a car based upon reasonable suspicion. Commonwealth v. Saint Louis, 59 Mass. App. 928 (2003). In Saint Louis, a member of the Bridgewater State College campus police pulled a vehicle over based upon a reasonable suspicion that the underage occupants of the car were in possession of alcohol, a criminal offense for which a campus police officer licensed as a special state police officer may make an arrest. Id at 929. The officer involved in Saint Louis, did not justify his stop of the car or threshold inquiry on a motor vehicle violation. (unlike the traffic stop in the Mullen case cited above). The officer, however, was able to stop the vehicle, make a threshold inquiry and probable cause arrest under his special state police powers. Upon a subsequent search incident to arrest, the officer recovered two firearms in the vehicle. Id. The Bridgewater State College campus police’s ability to make a threshold inquiry of the occupants of a vehicle based upon reasonable suspicion that a crime had occurred was not diminished by the officer’s inability to issue civil motor vehicle infractions. Furthermore, in cases where a citation may be necessary to prosecute a crime, nothing would prevent a campus police department from seeking the assistance of their respective communities’ municipal police department to respond to the scene. It is my understanding that this is an effective practice at some colleges and universities.
With the authority to issue civil motor vehicle infractions come the necessary training, skills and responsibility to carry out such a function safely and consistent with the law. The issue over whether campus police officer should have the authority to pull drivers over on public ways for motor vehicle infractions is more complex than placing citation books in the hands of campus police officers. All traffic enforcement requires specific training associated with pursing and stopping vehicles, officer safety as well as the myriad of law associated with pursuing and stopping vehicle stops and searches. The Department of State Police alone have 19 separate, written policies and procedures pertaining to traffic enforcement ranging from citations to inventory searches to the prevention of racial and gender profiling and receive weeks of traffic enforcement training. In addition to tactics, safety and the law, traffic stops also involve an area of police authority that involves significant discretion. Some suggest that the complexity and breadth of motor vehicle laws make it possible for any motorist to be stopped by a police officer at any time for a type of traffic violation if observed long enough. With such power and discretion comes incredible responsibility, which, without written policies and procedures or adequate supervision and proper training, can be abused. Before seeking the authority for traffic enforcement, campus police officers and college administrators must carefully weigh their resources and capacity to take on these duties.
Based upon the quotes in the Patriot Ledger article, it appears that many campus police departments believe that possession of Commonwealth civil motor vehicle citation books serves as de facto authority to issue state traffic citations. As set forth above, without specific statutory amendment to Chapter 90C authorizing campus police officers to issue civil motor vehicle citations, and ticket written for a state law traffic violations is invalid and subject to dismissal by the court. Regardless of whether citation books were issued in error by the Commonwealth or were obtained by campus police departments through other means, campus police officers, just like all law enforcement officers, have the basic duty to uphold and follow current law which expressly disallows the issuance of civil motor vehicle infractions by campus police officers unless otherwise authorized by statue.
Campus police officers provide an essential law enforcement function on college and university campuses across the Commonwealth. Whether or not campus police duties and responsibilities should include enforcement of the Commonwealth’s traffic laws is a complex public safety policy issue. Before campus police officers or their supporters recommend a change in the law, this issue should be carefully studied and input sought from college and university administrators, the Board of Higher Education, local chiefs of police or the Massachusetts Chiefs of Police Association, the Registrar as well as the licensing authority for college and university police officers, the Massachusetts State Police.
Thank you for taking the time to write on this issue.
hSincerely,
Jed M. Nosal
Deputy General Counsel
(617) 727-7775
I am writing in response to your recent correspondence directed to Lieutenant Governor Kerry Healey regarding campus police officers’ authority to issue civil motor vehicle infractions. As this matter involves a law enforcement issue, it was referred to the Executive Office of Public Safety (EOPS) for response. Although the issue of whether campus police officers should or should not be authorized to issue citations may be worthy of debate, the assumptions and conclusions regarding campus police authority contained in the Patriot Ledger article cited in your correspondence are incorrect as a matter of law. As further set forth below, the only way for campus police officers to obtain the lawful authority to issue civil motor vehicle infractions is through amendment to the General Laws.
With very specific exceptions, as subsequently explained further, campus police officers do not have the statutory authority to issue civil motor vehicle citations. In order to have the ability to issue civil motor vehicle citations a law enforcement officer must be a “police officer” as defined in G.L. c.90C, § 1. Campus police officers licensed as special state police officers do not meet the statutory definition contained in G.L. 90C, § 1. To the extent that the authority of campus police officers to issue civil motor vehicle infractions was ever open to interpretation, the Massachusetts Appeals Court ended the debate in 1996, specifically stating that state college campus police officers do not possess the statutory authority to make motor vehicle stops under chapter 90 or issue citations. See Commonwealth v. Mullen, 40 Mass App. 404 (1996) (campus police officers are not empowered under G.L. c. 90C, § 2 to stop motorists for automobile violations on pubic ways within their jurisdiction). This practice was ended as a matter of statutory interpretation by the Appeals Court, not through an EOPS or Registry “policy” change as professed by many campus police officials.
Campus police officers are authorized under G.L. c. 73, § 18 to enforce campus parking and driving regulations. Absent inclusion in the definition of police officer in Chapter 90C, however, such authority does not include the ability to issue citations for state driving violations. Where the Legislature has intended certain campus police officers to have Chapter 90 powers, they have added specific classes of officers to the definition of Chapter 90C, including University of Massachusetts police officers and officers at Southeaster Massachusetts University (renamed University of Massachusetts, Dartmouth). See G.L. c. 90C § 1. Significantly, University of Massachusetts police officers have identical (verbatim) powers to enforce campus parking and driving under G.L. c. 75, § 32A as other state college campus police officers under G.L. c. 73 § 18 but their ability to issue state civil motor vehicle citations is derived solely from their inclusion in the definition of “police officer” in Chapter 90C. Had the definition of police officer containing in G.L. c. 90C § 1 intended to include all campus police officers, the specifically named departments contained n the definition would be unnecessary and redundant. Mullen, 40 Mass. App. 409.
The lack of the power to issue civil motor vehicle citations does not necessarily diminish campus police officer’ overall ability to ensure the safety of college and university campuses. In fact, the Massachusetts Court of Appeals recently reinforced the authority of campus police officers’ power of arrest and ability to stop and detain a suspect in a car based upon reasonable suspicion. Commonwealth v. Saint Louis, 59 Mass. App. 928 (2003). In Saint Louis, a member of the Bridgewater State College campus police pulled a vehicle over based upon a reasonable suspicion that the underage occupants of the car were in possession of alcohol, a criminal offense for which a campus police officer licensed as a special state police officer may make an arrest. Id at 929. The officer involved in Saint Louis, did not justify his stop of the car or threshold inquiry on a motor vehicle violation. (unlike the traffic stop in the Mullen case cited above). The officer, however, was able to stop the vehicle, make a threshold inquiry and probable cause arrest under his special state police powers. Upon a subsequent search incident to arrest, the officer recovered two firearms in the vehicle. Id. The Bridgewater State College campus police’s ability to make a threshold inquiry of the occupants of a vehicle based upon reasonable suspicion that a crime had occurred was not diminished by the officer’s inability to issue civil motor vehicle infractions. Furthermore, in cases where a citation may be necessary to prosecute a crime, nothing would prevent a campus police department from seeking the assistance of their respective communities’ municipal police department to respond to the scene. It is my understanding that this is an effective practice at some colleges and universities.
With the authority to issue civil motor vehicle infractions come the necessary training, skills and responsibility to carry out such a function safely and consistent with the law. The issue over whether campus police officer should have the authority to pull drivers over on public ways for motor vehicle infractions is more complex than placing citation books in the hands of campus police officers. All traffic enforcement requires specific training associated with pursing and stopping vehicles, officer safety as well as the myriad of law associated with pursuing and stopping vehicle stops and searches. The Department of State Police alone have 19 separate, written policies and procedures pertaining to traffic enforcement ranging from citations to inventory searches to the prevention of racial and gender profiling and receive weeks of traffic enforcement training. In addition to tactics, safety and the law, traffic stops also involve an area of police authority that involves significant discretion. Some suggest that the complexity and breadth of motor vehicle laws make it possible for any motorist to be stopped by a police officer at any time for a type of traffic violation if observed long enough. With such power and discretion comes incredible responsibility, which, without written policies and procedures or adequate supervision and proper training, can be abused. Before seeking the authority for traffic enforcement, campus police officers and college administrators must carefully weigh their resources and capacity to take on these duties.
Based upon the quotes in the Patriot Ledger article, it appears that many campus police departments believe that possession of Commonwealth civil motor vehicle citation books serves as de facto authority to issue state traffic citations. As set forth above, without specific statutory amendment to Chapter 90C authorizing campus police officers to issue civil motor vehicle citations, and ticket written for a state law traffic violations is invalid and subject to dismissal by the court. Regardless of whether citation books were issued in error by the Commonwealth or were obtained by campus police departments through other means, campus police officers, just like all law enforcement officers, have the basic duty to uphold and follow current law which expressly disallows the issuance of civil motor vehicle infractions by campus police officers unless otherwise authorized by statue.
Campus police officers provide an essential law enforcement function on college and university campuses across the Commonwealth. Whether or not campus police duties and responsibilities should include enforcement of the Commonwealth’s traffic laws is a complex public safety policy issue. Before campus police officers or their supporters recommend a change in the law, this issue should be carefully studied and input sought from college and university administrators, the Board of Higher Education, local chiefs of police or the Massachusetts Chiefs of Police Association, the Registrar as well as the licensing authority for college and university police officers, the Massachusetts State Police.
Thank you for taking the time to write on this issue.
hSincerely,
Jed M. Nosal
Deputy General Counsel
(617) 727-7775
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