SSPO powers for a state college | MassCops

SSPO powers for a state college

Discussion in 'MassCops Gold - The Good, The Bad & The Ugly' started by YoungGun85, Apr 5, 2012.

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  1. YoungGun85

    YoungGun85 MassCops Member

    Hey guys,
    I'm well aware of what SSPO powers gives campus police officers and also what they don't give you on a private campus. I currently do not work on a private campus anymore but for a local PD part time. Which is much nicer feeling not worryint about over stepping my police powers! was just wondering if being sworn as a SSPO holds an officer back on a state campus since it appears under Ch73 they don't need it, so my question is if your sworn as SSPO and Deputy can you still act on MgL ch73?? When I look at departments like bridgewater state they do not use SSPO and they have full police powers as well as seems like very squared away department. I know there have been topics very similar to this but my biggest question would be does SSPO actually hold you back when for example stopping a MV for something like driving down a wrong way street, could that be breach of peace under being sworn in ad deputy sheriff?? Also I'm not trying to get into a debate about SSPO v city PD, just looking for some information. AlsO sorry for typos doing this on my phone..Thank you!
     
  2. YoungGun85

    YoungGun85 MassCops Member


    Hahs sorry way too much I'm trying to ask in one run on paragraph.. Just curious about if being sworn as SSPO can actually hold you back working for state campus as I don't see need for SSPO on a state college campus
     
  3. Guard Hard

    Guard Hard MassCops Member

    IBTL

    Carry on...
     
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  4. YoungGun85

    YoungGun85 MassCops Member

    I'm just trying to get question answered about police powers aka what we all do on this website, I'm not trying to expand my police piers to something where I have none. I no longer work for campus police and I couldn't find much case law to answer my questions about SSPO powers on state campus v a state campus not using SSPO. Just wanted to know as much information I can regarding MA laws regarding police powers. I also don't even see a problem with wanting to expand police powers as much as possible to get the "bad guy" off the street and make our town safer place, so I would think all police officers would feel this way.. Only in this state do cops get in pisding match with other cops, were all on same side I thought., if you don't want to help a new comer in LE to this state, then don't
     
  5. Dan Stark

    Dan Stark Tears of a Clown

    PS. You can still overstep your powers as a Muni too.... food for thought

    -Sent from my smarty phone while bustin' punks.
     
  6. 263FPD

    263FPD MassCops Angel

    Define overstep, YoungGun.

    Where are you going with this? Why would a campus not need SSPO? Having a Campus PD in my jurisdiction, I don't understand where you are going with it. As an unspoken rule, FSUPD does their thing, and we do ours. We cross paths all the time and help each other out. We don't patrol their dorms or grounds, but we do drive through the campus. I also stop at the campus PD and spend time there with their officers. We work very well together and never have to have discussions about who does what and what is appropriate. Your original post confused the hell out of me and your second, abridged version, didn't do much to clear it up.


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  7. Pvt. Cowboy

    Pvt. Cowboy Lemme take a selfie Staff Member

    My eyes went crossed. All this confuses me.

    SSPO vs R/I vs MPTC vs LECP... Fuckin' standardize the shit. Most convoluted mess I've ever seen.

    How about they just get rid of SSPO, train all the campus/hospitals etc with MPTC, and call it a day? Nobody seems to like the LECP either...
     
  8. 263FPD

    263FPD MassCops Angel

    Used to be that many campus departments did in fact send their troops to MCJTC now know as MPTC. As you well imagine, campus departments would lose their brand new hires to muni departments due to identical training that muni departments now did not have to pay for.



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  9. YoungGun85

    YoungGun85 MassCops Member

     
  10. YoungGun85

    YoungGun85 MassCops Member



    Point taken about FL haha

    As for why do I care because my PD is located in a college town and I'm always looking to get as much knowledge as I can regarding this job. I don't see why that is a problem? I'm not trying to back door anything, I feel like I'm talking with a defense lawyer. Like I said just confused about the different academies in this state and was hoping MA finest could help me out a but not turn into me trying to overstep my police powers.
     
  11. 263FPD

    263FPD MassCops Angel

    There are several campus PD's (state) who have the ability to enforce CMVI's. As you know, anything else has to amount to a breach of peace as it pertains to MV stops and what not. This has been covered here to the point of exhaustion. Use the search feature and you will find many threads.

    If you are concerned about an OUI on a campus for example, remember what the elements of the crime have to be; operation, public way, under the influence. I have successfully got convictions in non public way OUI's but even in my case (muni) I had to be able to articulate a breach of peace, endangerment to the public, and/or ability to articulate that the only way the idiot got on to the private property, was by means of a public way.

    Whatever tools you have, use them accordingly. As long as you don't lie, there are many creative ways to make the law and what limited power you may have, work for you.

    Legislature limits our powers every year. Yet somehow we are still able to do our job. Creative ways and thinking outside of the box is what separates a working cop from a cop who is there to do nothing but collect the paycheck. It doesn't take long to figure out just what kind if a cop you want to be.


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  12. Killjoy

    Killjoy Zombie Hunter

  13. YoungGun85

    YoungGun85 MassCops Member



    Thanks for your response!
     
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  14. 263FPD

    263FPD MassCops Angel

    Let the record show that n00b's first "Like" came from me. ;)


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  15. YoungGun85

    YoungGun85 MassCops Member

    Hahaha proud moment
     
  16. 263FPD

    263FPD MassCops Angel

    I will say YoungGun that your choice of profile pic is interesting. If true representation, then we will be sure to save you lots of appetizers at the next meet & greet.


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  17. mpd61

    mpd61 Retired Fed, Active Special

    OH MY GAWD!!!!!!!!!!!!!!

    I'm coming out of the trees swinging on this one....:eek:
    YounGun85 WTF!!!! As an ex-campus dude, What could you possibly worry about this for? Need to be able to jack up the Agency in your town in the future?

    Read this:
    http://masscases.com/cases/app/40/40massappct404.html
    Then realize that the Commonwealth LOST that case by wrongfully citing SSPO and ignorance of CH73 etc...And they never appealed it further.

    GMass!!!!!!!!!! NOOOOOO!!!!!!!!!!!!!!!!!!!!!!!!!
    "In (2004, I think??) the legislature expanded CMVI to state and community colleges."

    NO,NO, No!!! The State and Community Colleges ALWAYS had CMVI, the RMV stopped issuing ticket books, and the Legislature expanded the definition of P.O. under 90.s1 to clarify this. I know cuz I was there...See!
    State House 2006.png
     
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  18. 7costanza

    7costanza Supporting Member

    Is your avatar a pic of you?
     
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  19. Dan Stark

    Dan Stark Tears of a Clown

    That's a bitchin stache that you were sporting. Almost as good as mine.

    -Sent from my smarty phone while bustin' punks.
     
  20. YoungGun85

    YoungGun85 MassCops Member


    Interesting. Thank you for response and once it was just out mild curiosity. It's too bad campus guys aren't given more authority and in this case got a drunk off the road, citing people for MV infractions isn't glamorous but by conducting a stop it's a way to get drunks, people with warrants and people in possession of illegal substances off the street if in plain view during a stop (which happens a lot). Like I said just curiosity ,, but guess it killed the cat on this one since I'm not allowed to ask questions about legal matters that don't apply to my department.
     
  21. 263FPD

    263FPD MassCops Angel

    My schools of thought on OUI arrests is simple. You find them, you arrest them, you win. It's a big win just getting them off the road and preventing them from killing someone on that particular day. If you win the case in court, it's a double win. If you lose, you still win. I have hundreds behind me at this point and I simply don't give a fuck how it comes out in court. Now, I will say that I win more then I lose.

    As far as all the other stuff that the traffic stop may yield, there a re many members on this board, that make unbelievable arrests when they make their stops. They look beyond the violation and that is key. That shit comes with experience and time. Yes, a warrant after on the stop is all nice and good, but how many people forget that now they have the ability to rip through that car? Forget the plain view stuff. That's easy. It doesn't take an effort at all.

    I work with a guy that gets a lot of OAS and Warrant arrests because he runs plates like mad. But does he go beyond it? Nope.

    I backed him on a stop some years back. He arrests the guy for OAS and a warrant, and starts to take him back after asking me to stay with the car. I ask him if he is planning to search the car incident to arrest and he asks me why he should do it? I tell him "Policy" for one thing. At least be on compliance with an inventory search. He asks me if I can do it and before he leaves the lot, I hand him a half of a pound of weed that was not even that well hidden. WTF!!! Never mind the several thousand in cash and other goodies that that car had hidden within. Oh and yes, we took the car too.


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  22. YoungGun85

    YoungGun85 MassCops Member

    Agreed. I didn't mean that only plain view applied to some one with a warrent, the arrests I have made for warrent we always rip through the car and supriswd it's not mandated at your department. We had a stop recently where guy was wanted for failure to appear after searching vehicle we found two illegal handguns under back seat and under front seat. I also agree with just getting the guy off the road, if it holds up even better.
     
  23. 263FPD

    263FPD MassCops Angel

    It IS mandated. And please, it's warrant, not warrent. Sorry, I see that typo here every day, and it drives me fucking nuts.


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    Badge 17 likes this.
  24. samadam78

    samadam78 MassCops Member

    so do all the state schools besides Bridgewater and the umass schools use sspo? Do most of these state schools enforce ch.90? Lastly are there unarmed schools enforcing ch.90?

    So crazy that they have so many different ways to derive police powers.... Everyone should go to the same academy and enforce the same laws.... I know i know that makes to much sense
     
  25. trueblue

    trueblue MassCops Member

    Chap 90...where? In their parking lot? I went there 81-83 and unless the college has expanded, there really was only one road on the campus. And unarmed? That's insane.
     
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  26. csauce777

    csauce777 Supporting Member

    I think the confusion is that because people see SSPO, they assume the C73 doesnt ALSO apply. It can, and does. They can be and are both at play. It does nothing to limit anything as far as authority goes.
     
    YoungGun85 likes this.
  27. Delta784

    Delta784 Guest

  28. thatsright

    thatsright MassCops Member

    With College/University Police Officers who are sworn as SSPO's (Chpt. 22 s.63) it all depends on report writing. If you stop a car on one of your City’s public streets (that are in your patrol area) you would have to articulate that you stopped the vehicle for suspicion of OUI, Operating to Endanger etc.... If you do not, as in the Comm. vs. Mullen case, you would have executed a MV stop for a civil infraction and that would be a snafooooo…

    If the University Police Officers were to be sworn in as a Specials for the town in which they work as well, i.e. Tufts University Police, then you could do whatever you want…. Within the color of law that is.
     
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