# A line you shall not cross??



## RodneyFarva (Jan 18, 2007)

You know I was reading the thread on constables and it sparked a question I have had been thinking about this for a while now and I could never really get a straight answer maybe because there isn't one, but who knows. So I going to put it out there and I would appreciate to hear everyone's input on this.

If you are a employed as sworn police officer in a town or city in the Commonwealth of Massachusetts under Chapter 41 section 98 if I read this correctly a police officer would have jurisdiction anywhere within the state. I know we have always kept a common courtesy with our neighboring law enforcement agencies but where is there anything to say you couldn't make a stop or arrest in another town, minus a warrant or felony in an officers presents?

So lets start with the statue it self.
https://malegislature.gov/laws/generallaws/parti/titlevii/chapter41/section98
Then take a look at this case law.
Commonwealth v. Limone
Its a long read but this sums it up.
Massachusetts Police Authority to Stop Citizens Out Of Jurisdiction Expanded by Supreme Judicial Court

In the above case the officer never effected an arrest and the encounter was considered "more akin to a traffic stop" the party was placed in custody by the Woburn police and the applicable charges followed. So could this be pushed further and the officer file charges himself as a sworn police officer in the Commonwealth of Massachusetts under c41 s98? 
So from what I can see and maybe I missed it there really isn't any language that specifically confines an officers powers to his or her's city or town of employment. (with the exception of department policy)


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## MPD703 (Sep 25, 2004)

The wording of the statute is far from clear but the reference to constables pulls it back to the territorial jurisdiction of the municipality. The only part of the statute that addresses actions beyond the borders of the municipality is the authority to carry authorized weapons. The case law all supports the idea that arrest authority is limited to the jurisdiction of appointment unless one of the exceptions applies or the person is also a deputy sheriff. 
The Limone case is interesting but it spells out that the situation was not an arrest and really dancing on the idea that this was not "police" action but rather the actions of a concerned citizen. The court hit a couple of points noting that the officer, while in uniform, never overtly tried to use that to control the situation and everyone sat in their own cars while the waited for Woburn to show up. 
I don't think the statute or the case law would allow an officer outside his territorial jurisdiction to charge someone under the authority of MGL 41/98.


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## pahapoika (Nov 5, 2006)

MPD703 said:


> The case law all supports the idea that arrest authority is limited to the jurisdiction of appointment unless one of the exceptions applies or the person is also a deputy sheriff.
> .


Remember some years back a masscops member was sworn in as a deputy because they kept receiving calls for an area allot of callers had mistaken as part of that officer's city.

Working part-time doing details don't have any experience with radio calls, but at in-service it sounded like the only time you could cross over into another jurisdiction was "fresh and continued pursuit" .

Again no practical experience. Just throwing it out there


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## msw (Jul 19, 2004)

MPD703 said:


> ?.......... The case law all supports the idea that arrest authority is limited to the jurisdiction of appointment unless one of the exceptions applies or the person is also a deputy sheriff........


Does anyone know what other states are like this? Other New England states?

In California, city police officers and deputiy sheriffs of any jurisdiction are defined as Peace Officers and have statewide authority. [CA PC 830, et seq] And the same goes even for "Level 1" Reserve police officers and Reserve deputy sheriffs (Level 1 Reserves have had the same hours of CA POST mandated Academy and in-service training as full time cops; many - most? - are former or retired regular cops.) Other types of Peace Officers, like State University Police, Community College Police, Transit Police, Park Rangers, Airport Police, School District Police, etc, are "....... peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an arrest pursuant to Section 836 as to any public offense with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of that offense....."

So in MA, if you have made a traffic stop on "your" side of the street, and you happen to see a guy punching out a gal on the other side of the street (which happens to be a different city)...... or a guy chopping people up with a machete...... your ability to "act" is only as a private citizen? Not as a cop? Is that correct? As screwed up and unsupportive of cops as many places in California are, at least we have statewide Peace Officer authority, by statute, if we ever need it.


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## HuskyH-2 (Nov 16, 2008)

msw said:


> Does anyone know what other states are like this? Other New England states?
> 
> In California, city police officers and deputiy sheriffs of any jurisdiction are defined as Peace Officers and have statewide authority. [CA PC 830, et seq] And the same goes even for "Level 1" Reserve police officers and Reserve deputy sheriffs (Level 1 Reserves have had the same hours of CA POST mandated Academy and in-service training as full time cops; many - most? - are former or retired regular cops.) Other types of Peace Officers, like State University Police, Community College Police, Transit Police, Park Rangers, Airport Police, School District Police, etc, are "....... peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an arrest pursuant to Section 836 as to any public offense with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of that offense....."
> 
> So in MA, if you have made a traffic stop on "your" side of the street, and you happen to see a guy punching out a gal on the other side of the street (which happens to be a different city)...... or a guy chopping people up with a machete...... your ability to "act" is only as a private citizen? Not as a cop? Is that correct? As screwed up and unsupportive of cops as many places in California are, at least we have statewide Peace Officer authority, by statute, if we ever need it.


Felonies in presence you can act as a P.O. I believe

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## 38bigblock (Nov 22, 2015)

There’s a special agency in Massachusetts who will fight against local cops being able to act outside of the 4 corners.

On a side note, if someone is “hacking someone up with a machete” or a “guy is punching out a gal” and you didn’t do anything as a sworn LEO, regardless of the location, then chances are you would have been screened out during the hiring process. In the above senerio I don’t know any agency that would have an issue with the response.

Should local cops have state-wide “authority”, yes. Should they use it to make a car stop for a tail light or take advantage of it, absolutely not. It should be left open for discretion and each department should have a policy for their guys acting outside of their town.

But this would never happen in MA.


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## RodneyFarva (Jan 18, 2007)

38bigblock said:


> Should local cops have state-wide "authority", yes. Should they use it to make a car stop for a tail light or take advantage of it, absolutely not. It should be left open for discretion and each department should have a policy for their guys acting outside of their town.


Getting back to the idea of the common courtesy with our neighboring law enforcement agencies for instance if we wanted to go up on the big road and start ripping over cars we could, and there is really nothing to say we can't... but is frowned upon by our administration and the MSP. And the practice is mutually adopted by the state, they stay out of town we stay off the highway unless there is some exigent circumstances then its game on.

(*Just to clarify I don't mind at all if the state wants to come into town and jumping calls chap 90 ect., they are a more then welcome sight when you are working alone!!)


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## msw (Jul 19, 2004)

38bigblock said:


> ..........On a side note, if someone is "hacking someone up with a machete" or a "guy is punching out a gal" and you didn't do anything as a sworn LEO, regardless of the location, then chances are you would have been screened out during the hiring process........


Of course we would all DO something in that scenario, but my question was/is: in MA, would the action you take under those circumstances be deemed - legally - to be done as a cop, or as a private citizen? If a MA police officer's authority does not extend beyond his own city boundary, and you take action in the next city over, who is going to defend you in a potential civil suit arising from the action taken? We all gonna do what we gotta do.... I'm just wondering if you will - per MA law - be doing it as a cop, or a citizen who happens to be wearing the uniform of an adjacent city's PD.


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## 38bigblock (Nov 22, 2015)

I get what your saying, I’d say you’d be acting as a normal citizen in a police uniform


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## j809 (Jul 5, 2002)

Under LECs mutual aid agreements you have full police powers in all jurisdictions under the LEC agreement. 


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## patrol22 (Oct 31, 2015)

j809 said:


> Under LECs mutual aid agreements you have full police powers in all jurisdictions under the LEC agreement.
> 
> Sent from my iPhone using Tapatalk


Doesn't mutual aid have to be requested though? I don't know how the Metrolec agreement is worded but usually it has to be requested by the chief/OIC/designee "before" it can happen.


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## AB7 (Feb 12, 2019)

Was under the impression that mutual aid only applied if there was a MOU between neighboring towns. For example, Chester and Blandford are both staffed part time, but prior to merging departments (recent) they could respond to calls for service on either side of the border if one town had the only active officer on duty. In this instance, I believe a memorandum of understanding (MOU) existed that agreed to mutual aid.


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## pahapoika (Nov 5, 2006)

There is some case law. Sorry can't find it right now, but officers from a neighboring community ( in uniform ) at a coffee shop witness a crime and apprehend suspect.

Bad guy tries to get thrown out in court . Judge rules in favor of police.

Will try to get particulars later on.


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## RodneyFarva (Jan 18, 2007)

patrol22 said:


> Doesn't mutual aid have to be requested though? I don't know how the Metrolec agreement is worded but usually it has to be requested by the chief/OIC/designee "before" it can happen.


And that was my thought process as well you need to obtain permission from the highest ranking on duty officer. But I just couldn't find that language any where.


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## patrol22 (Oct 31, 2015)

RodneyFarva said:


> And that was my thought process as well you need to obtain permission from the highest ranking on duty officer. But I just couldn't find that language any where.


Thing is you could already do this under the transfer of authority, IE call over to the town you are in and ask an Officer there to OK it - I think the mutual aid agreement just formalizes it and defines it


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## j809 (Jul 5, 2002)

patrol22 said:


> Doesn't mutual aid have to be requested though? I don't know how the Metrolec agreement is worded but usually it has to be requested by the chief/OIC/designee "before" it can happen.


Under the LEC agreement you have full police powers in every community without being requested. Have to be on-duty though and if I make a stop in another community I just have to advise them. I can write the V if I had to. Had a few cases with border agencies doing OUI or other MV stops and never been a problem.

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## patrol22 (Oct 31, 2015)

j809 said:


> Under the LEC agreement you have full police powers in every community without being requested. Have to be on-duty though and if I make a stop in another community I just have to advise them. I can write the V if I had to. Had a few cases with border agencies doing OUI or other MV stops and never been a problem.
> 
> Sent from my iPhone using Tapatalk


That's good, I didn't realize! The town in MA I used to work in didn't play well with others so we were the one town that never joined a LEC.


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