# Sex offender fail to register?



## Lookinforacopjob (Sep 9, 2008)

Ok quick question. I find a suspect working at a local business in my city. He is a level 2 SO. He lives in another city and is registered but failed to notify anyone that he is now employed in our City. He admits and acknowledges the violation. I was told that the other city has to do the summons, not me. Your thoughts?


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## Guest (Feb 15, 2013)

Fucking arrest him!


"Failing to register...." Is a CONDITION which any finding officer can arrest for.

Sent from my ADR6400L using Tapatalk 2


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## Guest (Feb 15, 2013)

Lookinforacopjob said:


> Ok quick question. I find a suspect working at a local business in my city. He is a level 2 SO. He lives in another city and is registered but failed to notify anyone that he is now employed in our City. He admits and acknowledges the violation. I was told that the other city has to do the summons, not me. Your thoughts?


If you're "Lookinforacopjob", then how could you arrest or summons him anyway?


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## Lookinforacopjob (Sep 9, 2008)

GMass said:


> Fucking arrest him!
> 
> "Failing to register...." Is a CONDITION which any finding officer can arrest for.
> 
> Sent from my ADR6400L using Tapatalk 2


Wanted to. Bosses wouldn't let me. I will be on the hunt tonight when they are off.


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## Irishpride (May 5, 2002)

Lookinforacopjob said:


> Wanted to. Bosses wouldn't let me. I will be on the hunt tonight when they are off.


Careful what you post. If your supervisor said no and then you wait until that supervisor is off duty and do it anyway, that's insubordination plain and simple.


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## Guest (Feb 15, 2013)

Irishpride said:


> Careful what you post. If your supervisor said no and then you wait until that supervisor is off duty and do it anyway, that's insubordination plain and simple.


Ordering a police officer to not make an arrest or take enforcement action when PC exists is an unlawful order. We got an arbitration decision (which are almost never overturned by a court) delineating just that.


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## BxDetSgt (Jun 1, 2012)

I believe it may be a violation not to inform the agency you report to (residence) of employment changes. That may be why violation is enforced by residence town. The reasoning is one agency should have responsibility. That may be reason, but check with residence agency and ask if they want him picked up. Might be different for a level II.


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## csauce777 (Jan 10, 2005)

GMass said:


> Fucking arrest him!
> 
> "Failing to register...." Is a CONDITION which any finding officer can arrest for.
> 
> Sent from my ADR6400L using Tapatalk 2


 Exactly right.

I conducted a MV stop for a CMVI in my town. Shitbird passenger has no seatbelt. I ask him where he's headed. He says, "Home." I ask where that is and he replies "123 XYZ Street in Carver." No license in possession but gives up name and DOB. Confirmed identity, AND Level 2 status registered in Rockland. Quick call to Carver reveals no such person registered. Out come the bracelets, and the search reveals a double edged spring loaded switchblade.

Result: Surrendered probation, remanded to HOC, and plea deal with 6 months in HOC to serve.


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## 263FPD (Oct 29, 2004)

Delta784 said:


> If you're "Lookinforacopjob", then how could you arrest or summons him anyway?


He stopped looking a while ago. I told him he should have Admin change his name as it no longer fits.


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## 263FPD (Oct 29, 2004)

I have a boss on my job who questioned my right to arrest a guy for a MV Break, because it took place before sundown. He kept on calling it a Daytime Break and kept saying that the arrest was an improper action. To make matters worse, he did this in front of my prisoner. I took a great exception to that. Never mind the fact that he was wrong, he was planting the idea in the douchebag's head that I made an unlawful arrest. It took a lot of restraint to not fly off. I showed him the statute and he backed off. When the kid wa getting searched more thoroughly at the desk, I recovered the victim's platinum crucifix and chain that he stole along with the pocketbook. The Boss, at that time, exclaimed, "Aha!!! Now we have the felony!!!" I kind of lost my patience at that time and pointed to the statute once again reminding him that we already had a FELONY. 

Some people don't want to rock the boat in any way. They do not want you to bring in arrests because they feel that they do not trust you enough to make a right decision. They are more worried about liability and think that they will be sued. How do you proceed when you have a boss such as that? Do you appease them and not make arrests? Do you summons everyone? Do you just say "Fuck It, I know what I am doing."? 

If I know I am right, and after 16 years I am fairly certain I am right most of the time, I am going to do my job. However, If I am ordered not to do something, given the climate of my PD, I will follow that order. Simply because it will not matter If I am right, big bosses never back us pee-ons.


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## Guest (Feb 16, 2013)

263FPD said:


> I have a boss on my job who questioned my right to arrest a guy for a MV Break, because it took place before sundown. He kept on calling it a Daytime Break and kept saying that the arrest was an improper action. To make matters worse, he did this in front of my prisoner. I took a great exception to that. Never mind the fact that he was wrong, he was planting the idea in the douchebag's head that I made an unlawful arrest. It took a lot of restraint to not fly off. I showed him the statute and he backed off. When the kid wa getting searched more thoroughly at the desk, I recovered the victim's platinum crucifix and chain that he stole along with the pocketbook. The Boss, at that time, exclaimed, "Aha!!! Now we have the felony!!!" I kind of lost my patience at that time and pointed to the statute once again reminding him that we already had a FELONY.
> 
> Some people don't want to rock the boat in any way. They do not want you to bring in arrests because they feel that they do not trust you enough to make a right decision. They are more worried about liability and think that they will be sued. How do you proceed when you have a boss such as that? Do you appease them and not make arrests? Do you summons everyone? Do you just say "Fuck It, I know what I am doing."?
> 
> If I know I am right, and after 16 years I am fairly certain I am right most of the time, I am going to do my job. However, If I am ordered not to do something, given the climate of my PD, I will follow that order. Simply because it will not matter If I am right, big bosses never back us pee-ons.


I've refused to follow unlawful orders before, and I'll do it again in a heartbeat. Thanks the Massachusetts Appeals Court, we (officers who initiate a traffic stop) have 100% discretion as to how we handle that stop.

If a supervisor wants to assume control of that stop and take enforcement action on their own, then be my guest, but I'm not following unlawful orders to cite or arrest someone. That is my decision and my decision alone.


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## 263FPD (Oct 29, 2004)

Delta, I am not disagreeing with you. The climate on my job is such, that certain folks are walking around with a giant target on their back. You know what I mean per our conversation a few days back. It is what it is, and everything runs in cycles.


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## Guest (Feb 16, 2013)

263FPD said:


> Delta, I am not disagreeing with you. The climate on my job is such, that certain folks are walking around with a giant target on their back. You know what I mean per our conversation a few days back. It is what it is, and everything runs in cycles.


Live your life and do your job according to the law, department regulations, and good morals, then there's nothing they can (legally) do to you.

I had the biggest target imaginable on my back for 3 years when I was union president with a dangerously unstable police chief, and the best they managed was a minor hit (the Dianne Feinstein see you next Tuesday foolishness) and a suspension (which I planned for and wanted) for excessive sick time use, which was later overturned at a grievance hearing.


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## 263FPD (Oct 29, 2004)

Some day, mine, will be a happier place once again. Until then, all we do is try to survive the best we can. I shake my head when I see laterals coming in. But these laterals are coming from comparable environments. Grass isn't greener, just the brown patches look a litlle different and are in different spots.


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## officerbob (Mar 20, 2011)

Under MGL c. 6 s.178(P) provides you warrantless power of arrest upon probable cause for violation of *ANY* registration requirements. Furthermore, the offender will stay in custody until he/she appears in court. Also if found guilty he/she will spend at least 6 months in the Sheriffs Department Hotel.

You have knowledge that the offender is not properly registered. That is enough to establish probable cause for arrest. Furthermore; you have a non-custodial admission of guilt from the offender directly to you that he understands the requirements but chooses not to comply as ordered by the judge who found him guilty. MGL c. 6 s. 178(P) does not have any stipulations about where the violation occurs. The offender is violating the statute in your jurisdiction, therefore it is your call.

As far as how to deal with the issue regarding your supervisor I can only tell you what I would do. I would RESPECTFULLY disagree with him/her and provide them with the stipulations within MGL c 6 s. 178(P). I also would print out Comm. v. Fondakowski, 62 Mass. App. Ct. 939 (2005). This case deals with this issue directly. NOTE: If your supervisor is not one for a constructive conversation about case law and rights of arrest it may not be a good idea to bring it up.

Another NOTE: I am fairly sure that the judge who ordered this offender to register would not be too happy with your supervisor not allowing you to enforce an Bench Order. I could only imagine the tongue lashing that supervisor would get from the judge.

Hope this helps. Read up on the law so in the future you can just hook the offender on the spot.


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## Johnny Law (Aug 8, 2008)

Wait until I bring in a prisoner for jaywalking and refusing to ID self. All my supervisors have begged me not to, but that is on my bucket list. Same for clinking a judge. Fuck 'em if you know you are right.


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## Guest (Feb 17, 2013)

Johnny Law said:


> Wait until I bring in a prisoner for jaywalking and refusing to ID self. All my supervisors have begged me not to, but that is on my bucket list. Same for clinking a judge. Fuck 'em if you know you are right.


Ch/sect? I want to play ball

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## Guest (Feb 17, 2013)

GMass said:


> Ch/sect? I want to play ball.


Jaywalking is a non-arrestable $1 fine per state law, but it's an arrestable city ordinance violation for my city. All city ordinances and town by-laws are arrestable in your presence.

As for not producing ID, 41-98;

*They may examine all persons abroad whom they have reason to suspect of unlawful design, and may demand of them their business abroad and whither they are going; may disperse any assembly of three or more persons, and may enter any building to suppress a riot or breach of peace therein. Persons so suspected who do not give a satisfactory account of themselves, persons so assembled and who do not disperse when ordered, and persons making, aiding and abetting in a riot or disturbance may be arrested by the police, and may thereafter be safely kept by imprisonment or otherwise unless released in the manner provided by law, and taken before a district court to be examined and prosecuted.*


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## Bloodhound (May 20, 2010)

USMCMP5811 said:


> All right, pop quiz. Airport, gunman with one hostage. He's using her for cover; he's almost to a plane. You're a hundred feet away... Lookingforacopjob?


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## Mr Scribbles (Jul 7, 2012)

If anyone is itching to make an Unregistered Sex Offender pinch-PLEASE swing by the Pine St Inn-place is LOADED with them. FYI-I wolud not let any of my kids near that place, and any suburban teachers who bring their students in to ladle ot the soup for community service should be 51A'ed! Not to mention the germ factor...just sayin'


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## 263FPD (Oct 29, 2004)

Mr Scribbles said:


> FYI-I wolud not let any of my kids near that place, and any suburban teachers who bring their students in to ladle ot the soup for community service should be 51A'ed! Not to mention the germ factor...just sayin'


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## 263FPD (Oct 29, 2004)

This on here goes back a few years... I couldn't understand it but apparently he was caught several times in Delaware, doing the sam thing. Delaware does not consider him an offender, until 3 convictions for such crime. He only had 2.

http://www.metrowestdailynews.com/news/x477789809


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## Guest (Feb 19, 2013)

mtc said:


> Why not report his violation to the SOR and let them seek a warrant for failing to register?
> 
> You'll get your licks in, it'll just take time.


Or the U.S. Marshals, who love chasing skinners over state lines who fail to register.


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## Guest (Feb 19, 2013)

Mr Scribbles said:


> If anyone is itching to make an Unregistered Sex Offender pinch-PLEASE swing by the Pine St Inn-place is LOADED with them. FYI-I wolud not let any of my kids near that place, and any suburban teachers who bring their students in to ladle ot the soup for community service should be 51A'ed! Not to mention the germ factor...just sayin'


Pine Street won't take Level 3's anymore, but guess who does?

Father Bill's in Quincy!!! A.K.A. the ruination of the City of Quincy, and why I'll never again live there.


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## 263FPD (Oct 29, 2004)

263FPD said:


> This on here goes back a few years... I couldn't understand it but apparently he was caught several times in Delaware, doing the sam thing. Delaware does not consider him an offender, until 3 convictions for such crime. He only had 2.
> 
> http://www.metrowestdailynews.com/news/x477789809


He pled guilty to it the next day I believe, and was required to register in MA


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