1993/94 0276 087- _6 3120t,b -Service Training Program Handouts Student Massachusetts Criminal Justice Training Council MA 41 Terrace Hall Avenue Burlington, 01803 (617) 727-7827 ::: MASSACHUSETTS CRIMINAL JUSTICE TRAING COUNCIL IN-SERVICE TRAINING PROGRAM EVALUATION DATES : INSTRUCTIONS Please rate the segments of your in-service training program by placing a numeric value using the following rating scale in the appropriate spaces below corresponding to the segment and evaluation criteria. Please add any specific comments in the narrative section. RATING SCALE 5 = excellent 4 = above average 3 - average 2 = fair 1 = poor EVALUATION CRITERIA CONTENTS HANDOUTS AV AIDS FACILITY S€T. STEVE DALEY, MIT OFFICER SURVIVAL ( ) ( ) ( ) ( ) ( ) Comments Chief Michael Grill/ Chelsea Housinq MV LAW *) ( ) ( ( ) ( ) ( ) Comments Sgt. Robt. Rinn/ Norwood P.D. DOMESTIC ( ) ( ) ( ) ( ) ( ) VIOLENCE Comments Publication No. 17448 -69 - 1000 - 11/93- 1.60 - C.R.. Approvedby: PhilmoreAndersonIII,State PurchasingAgent :::: INSTRUCTOR CONTENTS HANDOUTS AV AIDS FACILITY Off- Rosanio/Bill Cahill FIRST RESPONDER CPR ( ) ( ) ( ) ( ) ( ) Comments Atty. Charles Elder LEGAL UPDATE ( ) ( ) ( ) ( ) ( ) Comments Atty. John Scheft LEGAL UPDATE ( ) ( ) ( ) ( ) Comments ( ) ( ) ( ) ( ) Comments Overall how do your rate this program? ( ) Overall how would you rate the staff? ( ) Additional Comments: Law Motor Vehicle Update . . . I) Law of Arrest - MGL C.90/S.21 A) Review statutory law of arrest as outlined in MGL C 90/S 21 . . 1) Violation of 1st paragraph of C. 90/S. 10 a) Operation by person under 16 years of age b) Operation w/o a license c) Nonresident without valid license in possession or easily accessible place d) Violation of 540 CMR 2.06(5) shall be deemed to be operating a motor vehicle w/o being duly licensed and subject to penalties in the provisions of C.90 and C 90F . 1) operation outside of license class operation w/o proper 2) endorsements 3) violation of license restrictions 4) violation of learner's permit terms 5) violation of CDL out of service order 2) Operation after license or right to operate has been suspended or revoked a) It is not an arrestable offense to operate a vehicle that has a suspended or revoked registration. b) Operation can be anywhere; Comm. v. Murphy (1991) 405 Mass. 200, 539 NE2d 533 3) Probable cause to believe has operated or is operating under the influence of intoxicating liquor or controlled substances. 4) Knowingly using a motor vehicle without authority 5) Violation of MGL C.90/S.25 a) Refuse to produce name and address of the owner or operator of a motor vehicle. b) Giving a false name or address c) Refuse to stop when signalled by police officer d) Refuse to produce license and registration e) Refuse to sign name for identification purposes Does NOT include refusing 1) to sign a citation. 6) Leave the scene after knowingly colliding with or causing injury to any person without stopping and making known name, address, and registration number of vehicle II) Commercial Driver's License A) Classifications Classes are national standard 1) used by all states for Class A, B, and C. 2) Class D and M are Massachusetts standards. B) Endorsements Endorsements are national standard 1) used by all states. A) "H" - Hazardous Materials B) "N" - Tank Vehicles C) "P'' - Passenger Transport D) "T" - Double/Triple Trailers E) "X" - Hazardous Materials and Tank Vehicles C) Implied consent CDL refusal form 1) D) Out of Service 1) Out of Service Order 2) Violation of order is deemed to be operating w/o a valid icense 1 E) CDL Chemical Testing 1) Administrative Per Se Form III) Duty to Care A) Irwin v. Ware, 392 Mass. 745 (1984) 1) "Duty to prevent harm" B) Cyran v. Ware, 413 Mass. 452 (1992) 1) "Duty to prevent harm" does not apply where individual is involved and the duty to prevent harm to many others is prevalent. IV) Extraterritorial Arrests A) Comm. v. LeBlanc, 30 Mass. App Ct. 1 (1991) . 1) Officer cannot cross a jurisdictional boundary . .. for a non-arrestable offense B) Comm. v. O'Hara, 30 Mass. App Ct 608 (1991) . 1) Officer can cross a jurisdictional boundary for an arrestable offense 2) Even though the offense of * operating to endanger is not- arrestable under C.90/S.21, the court has recognized that it is arrestable if a breach of the peace results. a) Misdemeanor committed in the officer's presence that results in a breach of the peace c) Comm v. Griswold, 17 Mass. App. Ct. 461 (1984) 1) OUI is arrestable offense even if violator is operating a motorized bicycle. D) Comm v. Howe, 405 Mass. 332 (1989) 1) County sheriff can arrest for OUI offense E) Comm v. Ceria, 13 Mass. App. Ct. 230 (1982) . 1) Probable cause to be determined at the time of arrest. 2) Person cannot be arrested for V operating a motorized bicycle without a license. 3) Common law arrest can be made for misdemeanor committed in an officer's presence that results in a breach of the peace Series "D" Citations A) Problems 1) The following are problems that are common occurrences in the issuance of the "D" series citations a) Violator name put in space for license number b) CDL boxes inappropriately checked 1) check yes on license only if Class A, B, or C . 2) check yes on vehicle only if m/v meets . definition of Class A B, or C. , 3) check yes on MazMat only if placard req'd for federal regulations c) Incomplete violator information 1 d) Improper statutory/CMR designations Criminal offenses checked e) as civil and vice versa. Improper fine assessments. f) VI) Penalty Statute (C.90/S.20) A) Purpose 1) Serves as a guide for all fine assessments that are not found elsewhere in the statute. B) Schedule of assessments (defined in C 90C/S 1) . . Recognized statutory assessment 1) by the district court. ' 2) Must be posted in district court / ^ ii ~> and RMV offices. b<)r f ' 3) Fines reflective of what an \ CA 1 officer is REQUIRED by statute y / »' to list as an assessment on J) a citation. Ref . C . 90C/S . 3 (A) (1) 4) Example: MGL C.90/S.20 calls for a "fine of not less than $20.00 nor more than $100.00" for a violation of MGL C.90/S.16. The schedule of assessments lists the standardized fine to be put on a citation as $50.00. C) Speeding fines 1) It is common practice to lower actuals speeds on citations to give violators a break. 2) Officers are reminded that this practiced is unlawful according to C 90C/S 9-10 . . 3) Officers must list true and accurate information and certify that the citation is accurate and given to the violator. 4) If an officer is looking to use discretion to give someone a break, his/her only alternative is to issue the citation as . f J ' a "warning" VI) Speeding statutes A) Basic Speed Law 1) MGL C. 90/S 17 . a) In all cases speed must be shown to be unreasonable and improper b) Basic speed law pertain<s to all CJ' , , j c) uIfnpoC.st9e0/dS.ar1e7asi.s used in a posted 'J'i 0^.'/>--*/ ; (r- acraseea. itThies oonflfyicearprmiumsat sftaiclila -x ,.. j^( lO' , *~' prove that the speed was improper Ojt t" and unreasonable. ^ { B) Absolute Speed Law 1) MGL C. 90/S. 18 / / _ statute. ,i/6 b) Should be used where speed limits A* ^' C')l~Ll1 • have been established. ^ '' <~Al<f c) Need to prove that established ^ftf* ,"r f/J< - speed limit has been exceeded. C r&*' 'f'<T ' i_ ,'i VII) Use of the Code of Mass. Regulations A) CMR designations are rarely used. f^]) ' B) Officers are unfamiliar with them C) Fines are sometimes lower than similar violations under C.85, 89, and 90. D) In all cases where a CMR violation is apparent, the CMR designation should be identified. E) If you have a violation for a CMR on a state highway, the CMR is the only violation that should be indicated as it specifically applies to the actual violation. VIII) General Distinguishing Number Plates (540 CMR 18.00 et.seq.) A) Restrictions for use 1) No distinguishing number plate can be loaned, let for hire or rented. 2) Vehicle must be owned or controlled by plate owner except repairman who may road test a customer's vehicle. 3) Dealer plates may be used by employees or agents of the dealership for personal use,