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Any assistance is appreciated...

Any enlightenment would be appreciated. Thank you in advance for your help.

Chapter 90c Section 1 defines a "Police Officer", in part as "any officer authorized to serve criminal process." In Commonwealth vs Baez, the court held that a Deputy Sheriff, although having limited arrest authority, was a "Police Officer" for the purposes of the case at hand, the decision held that the motor vehicle stop by a deputy for a civil motor vehicle infraction was a legal stop. My question is this: Does the definition of "Police Officer" still adhere to a Deputy Sheriff even if an arrest is made for a misdemeanor offense outlined in chapter 94c or Chapter 266 Section 30A (see below) ? (I was unable to find a definition of "Police Officer" in 94c, or the definition of a "Law enforcement Officer" in 266) Chapter 94c - Section 41 states:

CHAPTER 94C. CONTROLLED SUBSTANCES ACT.

Chapter 94C: Section 41. Arrest without warrant.

Section 41. A police officer shall have the authority to arrest without a warrant:

(a) any person committing in his presence any offense set forth in this chapter;

(b) any person who he has probable cause to believe has committed or is committing a felony set forth under the provisions of this chapter; or

(c) any person who he has probable cause to believe has committed or is committing a violation of the provisions of sections twenty-seven, thirty-two, thirty-two A, thirty-two B, thirty-two C, thirty-two D, thirty-two E, thirty-two F, thirty-three, thirty-four, thirty-five, thirty-seven and forty.

How about the definition of "Law Enforcement officer"??

Does that apply to deputies for the purposes of Chapter 266-30A (shoplifting)?

266-30A reads in part as follows:

Law enforcement officers may arrest without warrant any person he has probable cause for believing has committed the offense of shoplifting as defined in this section. The statement of a merchant or his employee or agent that a person has violated a provision of this section shall constitute probable cause for arrest by any law enforcement officer authorized to make an arrest in such jurisdiction.
 
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Pretty much the definition of a law enforcement officer is: Any person sworn to serve criminal process. The law is kind of vague (grey area) with the exception of chptr 90 sec1 which cleary defines the defintion as any officer authorized to serve criminal process. read chapter 268sec33 its the law on impersonating an officer. also chapter41 section98 gives a little insight. Also check out
c90s1 about half way down you see where it say's "police Officer" or "officer", any Constable or other officer authorized to to make arrest or serve process, provided he is in uniform or displays his badge of office.

Alos you can look up c209a sec1 which defines "Law Officer", any officer authorized to serve criminal process.

And look up the definition of Police in blacks law dictionary, then look up officer .

Also look up c90s1 which defines a police officer in regards to motor vehicle stops.

I would have to say the clearly defines"anyone" sworn or authorized to serve criminal process is a Police Officer.
I'm no lawyer but to me Constables, Sheriff's and others like specials (under 22c) reserves constitute as police officer.

I would have to say that you would be covered to make an arrest for shoplifting. I would ask the sheriff if they would support drug arrest under a Deputy Sheriff appoinment, before I made any arrest for that offence.
In my opinion it would be legal, but I would check with the powers that be before I got myself in a jam. Only because if the Sh1t hit the fan it your ass on the line. The Sheriff dept may not want you/r dept making drug arrest's. So rather to be safe than sorry, Ya know? I would'nt ask my employer 1st, I would ask the Sheriffs Dept who swore me in 1st then check with the dept you work for. You could also ask the DA's office I mean after all there the ones who would be prosecuting the case unltimately, so if anyone would know it should be them.

I hope this helped you out.

Also the reason my telling you to cover your ass is becuase of your employer's(NEMC) track record.
 

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As far as Sheriff's go, there are numerous situations which haven't been tested in court yet. Best bet as of now is to arrest only for Felonies and Misdemenors constituting a breach of the peace, and summons on the rest. There are also some bizarre laws which we have stautory arrest authority (such as gaming near a cattle show, and certain offenses on trains etc.) You should check with your department head on what the department policy is.
Most Sheriff's Departments strongly discourage making arrests because of the procedural difficulty of it. However in a situation like a college campus or medical center which has Deputy Sheriff powers in addition to it's Special State Police authority, it's not as difficult. If it's not already outlined, it should be outlined in some sort of department policy.
 

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Why are college campus police sworn in as sheriffs if they are already special state troopers? is their a differance? I read a law that said special state troopers had no chap. 90 powers, is that the reason they become special sheriffs??


20:10 Edited by CAPS Police
 

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State special restricts you to the property of the school only (used by, owned by, etc). The Deputy Sheriff appointment would expand that authority so that they could respond to calls / crimes on nearby property, streets, etc... Also handy if the Dept does details off campus.
 
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Hmm, But SSPO has more authority than Deptuy sheriff, but is limited to property of employer and abutting property. deputy arrest authority is limited to the types of arrest.
 

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Also, remember Randbo, they are not Special State Troopers, they are trained as special state police officers. As recently posted somewhere else around here, they are trained by MSP at the MSP Academy, but they are not connected to the State Police in any other way.

Just wanted to clarify that before anyone got the wrong idea...

Also, from what I understand, SSPOs are usually additionally sworn as deputy sheriffs so they can enforce Chapter 90, i.e. when working for a private university police department.
 

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Being a former campus police officer, I can assure you a private university does not have Chapter 90. I think only UMASS does.

The Special State Police powers under Chapter 22C covered you on any building owned/occupied/leased ect. by the university. The Sheriffs powers covered you on any city streets surrounding your jurisdiction.
 
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Ya Tomahawk is right Special State Police Officers, Somehow I get the feeling that a State Trooper would'nt like that phrase to much. EEEEEKKKK I would'nt go there. Just to let ya know I dont think I would want to be within ear shot of a regular Trooper while someone was identifying themselves in that way.

I would tend to think the MSP would be very thinned skinned about someone Identifying themselves as a Special State Trooper.

I'm not saying you would I just speaking in general.

As far as chprt90 for deputy's I know the law say's they can write V's but I think the sheriff's dept has to issue the ticket book, or the dept has to have some type of exigent need for writing v's. I dont think they can just automaticly start to write tickets it a lil more in depth than that, But technically they can.

But so can a Constable, but again I dont think that would a wise choice for a Constable or a Deputy sheriff to be pulling people over for tickets, it could prove to be an unhealthy situation for all involved.

Most of those Deputy Sheriff/Constable Laws are very old and antiquated ( common law ). I'maen granted there good tools if ya need them but most are rarely enforced.
 

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I DON'T WORK FOR A COLLEGE IM JUST A SPECIAL 1*2=2 !!! WELL THATNKS FOR THE INFO! IM STILL CONFUSED ABOUT THE CHAP. 90 THING!! A CONSTABLE CAN WRITE A TICKET TOO.... THEY MAKE SO MUCH MONEY IF YOU DO IT WRITE!!
:mad:
 

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SSPO don't do Ch 90 generally, but officers at a State owned school can. Deputy Sheriffs don't do Ch 90 either. Some school get around it all by becoming Town or City specials and writting V's under that appointment, or as a rule violation on a private way.
 
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Tech a Constable could according to the way the law is written( and I even think some towns swear there specials/reserves in as Constables and they do details ie... fall river being one that I know of) but its like J walking, when was the last time someone got arrested or fined for J walking. Its on the books but it just doesnt happen. Unless the city/town chooses to allow it. Its just one of those laws on the books but not applied.

chptr90sec 1 empowers them Constables /Deputy sheriff to be able to write violations, but its up to the city/town chief of police to issue the citation book. And good luck getting that. The chief would probably do it if it were for something like a University/hospital. But I could see the Mayor Menino or BPD allowing hospital police/ college police issuing citations ie NEMC/MGH.......that would never happen, BPD would have a sh!t fit.

Anyway hope that enlightend ya.
 

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OK HERE IS A QUESTION I REALLY HAVE NO IDEA WHAT THE ANSWER IS! DO PRIVATE COLLEGES HAVE ACCESS TO LEAPS? AND IF SO DO THEY HAVE FULL ACCESS TO IT SO THEY CAN RUN BOPS??? AND COLLEGE PARKING TICKETS DO THEY HAVE ANY CONECTION TO THE REGISTARY, SO IF I GOT ALOT OF THEM COULD I STILL BE ABLE TO RE-REGISTAR MY CAR WITHOUT PAYING FOR THEM!! MY G/F'S STUPIED COLLEGE!!!
theirs no proffesional curtosy!
 

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Colleges do have access to LEAPS if they so desire to apply and set it up. But they do end up usually paying a monthly connection fee to verizon for access to the network. Not sure if they can or do report to the registry for parking tickets, but they might tow you privately or boot you if you get too many unpaid.
 

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Some colleges do have their own LEAPS terminal; others tend to contact other colleges that do for information when necessary.

As Delta said, a college can privately tow/boot you, and they can report to the RMV if they so desire (it varies by school). I think one should probably worry more about the academic consequences you could face. For example, at my school, you were not a candidate for graduation unless you had all of your tickets paid up.

Then again, if you would just park where you are supposed to when you were visiting your girlfriend, and you would not even have to worry that "theirs no proffesional curtosy!" :D
 

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Heres some further SSPO clarification;

CH22C Sect 59 (Dept of Mental Health and Dept of Mental Retardation) These SSPO have SPECIFIC CH. 90 powers clearly stated in Statute.

Many State College/school SSPO's have CH.90 given by Board of Trustees/town specials/etc.

Most have leaps and yes most tickets are going to town/county and eventually to registry as unpaid so they get active nonrenews

partial list of agencies that employ SSPO's :
under CH22c by section,

56-MSPCC
57-MSPCA and humane societies
58-Port of Boston
59-DMH/DMR
60-Public Health
61-Mass Turnpike
62-Soldiers homes
63-Colleges/Universities/Hospitals
64 Civil Defense
Are we getting bored yet


And V.A. Police write you tickets under Title 38
and you get to fight them in U.S. District Court
 
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I agree w/ Delta, I know of a couple of colleges that access CHSB via a verizon VPN service (for a small monthly fee of I belive it to be $15.00 a month) and I know of others that dont and they only have ALARS which is also via a verizon vpn service.

I'm pretty sure it's there if they apply and meet the CHSB board reguirements for access to CORI info, including BOP's.

Just in case there are people who dont know what ALARS is: Automated License And Registration System, which has some CORI info, that just pertains to driving offenses and license issuse's, obviously.

In layman's term's direct access to the RMV without using CJIS as the router, you acces it through Verizon vpn service ( $15.00 a month-unlimited access).
 

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Part of the court case when the female deputy arrested the guy was thrown out due to the fact that the Sheriff CANNOT issue a ticket book....
 

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Actually Thumper, I believe if you re-read the case, although I"m not 100% sure, the court chose not to address the issue of the right of the Sheriff to issue the ticket book, because it was not material to the outcome of the case.
 
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