[daveh]

All SSPO's have the right to "control movement upon their campus". Being so - Here is a good question that was posed in my department, and remains a topic of discussion.

*remember that private college departments do not have Ch.90 powers*
If you stop a MV for failing to stop at a stop sign, hence, discovering some-sort of substance/firearm in plain view, what PC do you have for stopping that MV in the first place? Stopping for public safety does not exist in the MGL's! Will the prosecution for your arrest be upheld?

2 points of view

1 - Ya, you can stop for public safety - it says so right in
Chapter 73: Section 18. Control, movement and parking of motor
vehicles.

2 - No - Where does it say in any MGL that you can stop a MV for public
safety? There is no PC to stop. The case will not fly.

:shock: perplexed

 

[EsxPD319]

Hmmm good one,

This is how I perceive it, however, I maybe wrong and I have not had the opportunity to challenge it yet either.

On my campus we stop cars all the time for motor vehicle violations related to the rules and regulations governing motor vehicles set forth by the institution. So when we stop a vehicle for speed (which we run radar) or a stop sign we are not stopping it under ch90 we are stopping it in violation of the rules and regulations of the institution. Now, there is nothing in the MGLs that state that a private police dept or state special cannot affect a motor vehicle stop on their own property to enforce the motor vehicle rules and regs of that campus. With this in mind I would say as long as your within the policy and procedures of the institution and enforcing those rules and regs, then whatever crime you come across during that encounter would be valid, as long as you are acting in good faith it should stick (in theory anyway :wl.


Just my :2c:

Ed

 

[mazz]

As soon as you cross “College Policy” with Mass Law it is not going to fly in court. Because when you are enforcing college policies you are acting as an agent of the college and when you arrest or summons your acting as Police Officer. They are two completely different things.

 

[j809]

Chapter 22C: Section 63. Employees of colleges, universities, other educational institutions and hospitals; appointment as special officers.

Section 63. The colonel may, upon such reasonable terms and conditions as may be prescribed by him, at the request of an officer of a college, university, other educational institution or hospital licensed pursuant to section fifty-one of chapter one hundred and eleven, appoint employees of such college, university, other educational institution or hospital as special state police officers. Such special state police officers shall serve for three years, subject to removal by the colonel, and they shall have the same power to make arrests as regular police officers for any criminal offense committed in or upon lands or structures owned, used or occupied by such college, university, or other institution or hospital.

Nothing in there states CONTROL OF MOVEMENT OF VEHICLES. You are confusing it with MGL 73 SECT 18.

Chapter 73: Section 18. Control, movement and parking of motor vehicles.

Section 18. The trustees shall make rules and regulations for the control, movement and parking of vehicles on the campus or other land of a state college and may provide reasonable penalties for the violation of said rules and regulations. The trustees may appoint as police officers persons in the employ of such college who in the enforcement of said rules and regulations and throughout the property of such college shall have the powers of police officers, except as to service of civil process. Notwithstanding any other provision of law, all fines and penalties recovered for violation of rules and regulations made under authority of this section shall be accounted for by the clerk of the court and forwarded to the trustees of the division of state colleges who shall deposit the same in the scholarship trust fund of such college for scholarship purposes.

That gives state colleges CHAPTER 90 power. 22c 63 does not give you authority to enforce Chapter 90. The only way a private college in MA has CH90 power, is if they are sworn as specials by that town where they work and that local department gives them CH90 books. If that is the case then you are making the arrest/stop not as a campus cop but as the local cop. The local PD agency is used as the agency code. The state colleges have their own CH90 code and they write the ticket or make teh arrest as a independent agency. This decision was made from the case at Fitchburg State College I believe. 73/18 ONLY APPLIES TO STATE COLLEGES. UMASS has the similar powers under MGL 75.

Chapter 75: Section 32A. Control, movement and parking of motor vehicles.

Section 32A. The trustees shall make rules and regulations for the control, movement and parking of vehicles on the campus of the university and on other land of the university, and may provide reasonable penalties for the violation of said rules and regulations. The trustees may appoint as police officers persons in the employ of the university who in the enforcement of said rules and regulations and throughout university property shall have the powers of police officers, except as to service of civil process. Notwithstanding any other provision of law, all fines and penalties recovered for violation of rules and regulations made under authority of this section shall be accounted for by the clerk of the court and forwarded to the trustees of the university to be deposited in the scholarship trust fund of the university for scholarship purposes.

 

[daveh]

Thanks for the tip. I just wonder if it has ever been challenged in court - I am quite sure that it has. So there is no clear cut answer here. Well, unless the person is bouncing off of the curb or has hit a few cars, you won't catch me stopping them. Heaven forbid...

 

[j809]

It has been challeneged in court and the decision was that State College Police officers have CH90 power under 73/18. Bridgewater State College now receive their CH90 by statute under 90C/1. They are added to the list so they don't really need the 73/18. 73/18 also allows Trustees to appoint police officers without hiring them under 22c/63. This has its pros and cons. Cons are that colleges can give whatever level of training they see fit. 22c/63 require SSPOs to meet certain criteria to get their warrant of appointment. State Colleges do have under their union contract a clause that states all full time police officers must be special state police officers. You can hire reserves under that power though. I would not stop a MV unless you had the power, "FRUITS OF THE POISONOUS TREE". Bad stop, can't cite them, you can even be held accountable for unlawful search and seizure. Deputy Sheriff powers can give you CH.90. Sheriffs do have CH90 regardless of some people think. I believe Worcester County Sheriffs enforce it, made some case law too. The decision said that sheriffs cannot arrest for Operating with Suspended License(You can summons) unless it amounts to a breach of the peace.

 

[daveh]

Bad stop, can't cite them, you can even be held accountable for unlawful search and seizure.

I suppose the question is wheather or not the stop for a college policy moving violation being a public safety hazard "breach of the peace" is a valid stop, or even if it is a valid stop under the community caretaking doctrine. There is no doubt that 75 sec. 32A pertains to my college (not university), but as a general rule, can I effect the stop for said reasons, even without a departmental policy? Does just the premise of being an officer within the commonwealth give a person the obligation to stop for breach of the peace? (say there are numerous students walking around) :roll:

Hell, I don't want a lawsuit for searching a MV when something is in plain view! But, if I keep on stopping MV's, this is bound to happen.

 

[mpd61]

If You are an SSPO at a Private college and you are NOT issued a Citation book for CMVI's, then you should lose in court.

Why?
1. College regulations/policies are not MGL Ch.90
2. 99 & 44/100ths of traffic offenses are NOT criminal offenses
3. Only DMR/DMH/UMass/BSC (by statute) and very few other campus coppers have Ch.90 (specials in town or granted by trustees/ etc.)

I am curious as to what you would use to cite them in any event, say what form of citation and what regulation?

 

[j809]

There is no doubt that 75 sec. 32A pertains to my college (not university),

That Chapter and section only applies to UMASS POLICE. So unless you are a UMASS CAMPUS that does not apply to you. MGL 75 applies to UMASS SYSTEM.

And that trooper that told you guys you can stop for campus violations, is out of his mind. Again "fruits of the poisonous tree" and unlawful search and seizure. If you are acting on the stop for the college(private) you cannot use evidence found and charge them criminally. I wouldn't do it, check with LEGAL in your college.

P.S. SMATSON whats up with that devil shit webpage under your profile. Little psycho.

 

[Tackleberry22]

I'm not making a statement on this, but this is just my opinion from what I was told in the academy. I would have to agree with what KMF294 said. Let's say hypothetically speaking; in the list of school parking and driving laws/regulations; there is the speeding and failure to stop at a stop sign. You see the violation occur for failing to stop at a stop sign, you signal the driver to stop to give a citation or warning. As you talk to the driver you notice a bag of cocaine or Pot between the console or on the seat. From there the guy gets arrested and so on and so forth.
To me the stop and arrest would be valid and legal. I could be wrong, but to me the officer is legally present; he/she has broken no boundaries in making the stop. If the officer legally stops a MV and makes an arrest for drugs or illegal firearm in plain view; the arrest is valid. That's what I was told and I could be wrong, since campus police operations can get get grayish at times.

 

[j809]

The problem with the stop is that the Court ruled that private college police officers do not have the powers to enforce Ch90. Their arguement was that if the law intended to have private college police officers have CH90 then they would have been included in 90C/Sect 1. Therefore you are acting on a rule and regulation based on a private institution. Private institutions cannot pass their own laws that would be enforceable in the courts. Towns can, by enacting bylaws. But you are making a stop based on Ch90 or 89/9 or other MV law. The Court already stated that 22C/63 DOES NOT give you CH90. Just because you are lawfully present does not justify the stop. If I am outside my jurisdiction in another town, someone blows a stop sign, I cant stop that car because I am lawfully present.

I don't even know where lawfully present arguement comes into play, it does not justify a traffic stop. Lawfully present along with other elements are part of the Plain View Doctrine. Plain View is no good if you pull over a MV for an offense that you have no authority to stop for in the first place. i know it's frustrating, but unless you change the laws or become specials in the town that you work in, you have no CH90 power.

 

[daveh]

P.S. SMATSON whats up with that devil shit webpage under your profile. Little psycho.

Lol. Just goofin' - Got in trouble with my man for the other one I posted. The new one is to smite him a playful way, and to make people laugh. I though it was cute. :twisted:

Here is the real one.
http://www.hometown.aol.com/itsjustshannon/myhomepage.html

Getting back into the topic, it seems there is some real confusion here. The topic was put up to CLEAR up confusion, intsted, it seems there is more of a mess. In regards to the lawyer trooper at inservice, he did say that as long as a stop was a stop that was in the policy and procedure of the college, or for a stop under breach of the peace or public endangerment we are all set. As pertains to 75 sec. 32A - I believe that it does pertain to my college (not university) on the basis of our ticketing system (i.e. all proceeds go directly to a scholorship fund) and on the basis that campus police does control movement of motor vehicles on campus (we stop vehicles, boot, etc.). Hey, I may be wrong. Perhaps my college just mocks Umass' policy on the scholorship fund thing. Everyone brings up interesting points! I am still confused. As it seems, many of us are.

 

[j809]

75/32 only pertains to UMASS. If you look MGL Chapter 75, it is all the lawsd pertaining to UMASS. So unless you work for UMASS, 75/32 doesnt pertain to your case. 73/18 pertains to State Colleges and 75/32 pertains to UMASS, same law just different MGL. When you are talking breach of peace, its a whole different issue. Under the breach of the Peace, you can make teh stop and arrest for disorderly or disturbance of the peace if you can show that the driving behavior amounts to the breach of the peace. Whole different issue, it's arrestable not CIVIL MOTOR VEHICLE INFRACTION. I don't know if your department sends you guys to the SSPO or FT MCJTC academy, but they cover that stuff in the academies. Good luck!

 

[Irishpride]

t:

"Quasi Correction Officer at a Looney Bin".....honestly don't you think that's just a little disrespectful to the patients @ Worchester State Hospital?

 

[tomahawk]

The problem with the stop is that the Court ruled that private college police officers do not have the powers to enforce Ch90.

JB, my private university had written regulations pertaining to parking and traffic, including fines. They were not under Chapter 90, they were university-issued parking tickets. Just like you could check off "Handicapped Parking", you could check "Unreasonable Speed" or "Failure to Stop". They are not Ch. 90 violations, they are campus violations issued by SSPO's under the written policies of the university.

Would that not fly in court? Curious. :?

-Mike

 

[j809]

It would not fly in court because again, these are rules and regulations enacted by the college. They can't make laws. You can stop them, I guess for the violation, but you are in the shit when you find out he's suspended or OUI. The whole stop is screwed up and you could be looking at civil action against you and the college. I worked at a private college PD before where we had our own tickets and we also had CH90 from the town. This way students got bagged with our tickets, where money came to us and evryone else got CMVIs. But we had the CH90 authority from the town, which issued us the books.

I know a town, where a police officer pulled over a guy for speeding(JUST SPEEDING). Well he followed him in the next town over and once he pulled over, officer approached him and found out he was OUI. He arrested him. The town got sued and the town lost.

Unlawful arrest or detention
Unlawful search or seizure

The officer pulled him over for a CMVI, not arrestable offense. You have to be very careful, I know allot of guys sweat CH90 and want to have it, but let me tell you, it can get you in the crap too, if not done carefully.
Remember your powers as a private college cop does not give you the authority to enforce CH90 and therefore stop the vehicle, therefore you are working outside the scope of your authority and the college will not back you up, I guarantee it.

 

[ntvs]

Possibly off topic, but do summer police officers have ch. 90 powers?

 

[j809]

It's up to the town's police department where you work as a summer officer. The Chief can give 90 books to any officer under his authority.

 

[ntvs]

wow talk about instant answers!! thanks JB

 

[j809]

Yeah, i've been dispatching all night till Midnight. Then i go out and play :twisted: