MV Ch. 2- Emergency Vehicles

Question 1

Failure to Stop or Obey Police Officer Ch. 90 Sec. 25:

Is public way an element?

Answer 1

No.

ROA: Warrantless arrest in presence ANYWHERE

Question 2

Failure to Stop or Obey Police Officer Ch. 90 Sec. 25:

ROA:

Answer 2

Warrantless arrest in presence ANYWHERE (no public way requirement)

Question 3

Failure to Stop or Obey Police Officer Ch. 90 Sec. 25:

Elements: (3+)

Answer 3

1. The suspect was operating or in charge of a motor vehicle; and
2. The police officer was either in uniform or had his badge conspicuously displayed on the outside of his clothing; and
3. The suspect committed any of the following acts:

• Stop: Refused or neglected to stop when signaled to do so by an officer;
• License or Reg: Refused to produce his license or registration
• In hand: Refused to permit the officer to take the license or registration in hand for the purposes of examination
• Name & Address: Refused to give his or the vehicle owner’s name and address upon request
• False information: Gave the officer a false name or address
• Sign: Refused to sign his name when requested by an officer
• Surrender Items: Refused to surrender his license, registration, or number plates withouth reasonable excuse to an officer or authorized RMV agent;
• In court: Refused or neglected to give his license to a judge or court upon request.

Question 4

Failure to Stop or Obey Police Officer Ch. 90 Sec. 25:

1. The suspect was operating or in charge of a motor vehicle; and
2. The police officer was either in uniform or had his badge conspicuously displayed on the outside of his clothing; and
3. The suspect committed any of the following acts: (8)

Answer 4

• Stop: Refused or neglected to stop when signaled to do so by an officer;
• License or Reg: Refused to produce his license or registration
• In hand: Refused to permit the officer to take the license or registration in hand for the purposes of examination
• Name & Address: Refused to give his or the vehicle owner’s name and address upon request
• False information: Gave the officer a false name or address
• Sign: Refused to sign his name when requested by an officer
• Surrender Items: Refused to surrender his license, registration, or number plates withouth reasonable excuse to an officer or authorized RMV agent;
• In court: Refused or neglected to give his license to a judge or court upon request.

Question 5

Failure to Stop or Obey Police Officer Ch. 90 Sec. 25:

Can a judge dismiss this charge on the basis that it is not worth the time and judicial resources involved?

Answer 5

No; this decision belongs only to the prosecutor.

Question 6

Failure to Stop or Obey Police Officer Ch. 90 Sec. 25:

Motorist must be operating or in charge of the vehicle.

Is a driver who is outside a stopped vehicle (ex. at an accident scene) still subject to an officer’s 90 Sec. 25 authority?

Answer 6

Yes.

Question 7

The next day, following an incident in which the defendant had driven away dangerously from a supermarket parking lot, a uniformed officer visited the defendant’s house, put his foot in the door when the defendant opened it, and asked to see his license and registration. The defendant refused to produce these items. His car was parked in the driveway.

Does Failure to Stop or Obey Police Officer Ch. 90 Sec. 25 apply at this time?

Answer 7

No.

The defendant was not “operating or in charge of a motor vehicle “ at the time of the officer’s demand, so 90 sec 25 did not apply.

Question 8

May passengers be arrested or charged with Failure to Stop or Obey Police Officer Ch. 90 Sec. 25?

Answer 8

No- because they are not driving or “in charge” of the vehicle.

Note: a “narrow” exception MAY exist for the passenger who is the owner- if it is clear that he or she, as opposed to the driver, is “in charge” of the vehicle.

Question 9

Should officers ask passengers for ID during a routine traffic stop?

Answer 9

No.

“dragnet… is uncomfortably associated with authoritarian societies”

However: officers may properly ask for ID if they reasonably believe a passenger is:

• A safety risk (possibly armed and dangerous)
• Committing a relevant CMVI (seatbelt, etc)
• Necessary to resolve a vehicle violation (ex. sitting next to Learners Permit Operator)
• In need of assistance (incapacitated, medical or mental health, runaway)

-Involved in criminal conduct

-Witness to a crime (driver under arrest for OUI or operating to endanger)

Question 10

Officers should not ask passengers for ID during a routine traffic stop.

However, officers may properly ask for ID if they reasonably believe a passenger is: (6)

Answer 10

• A safety risk (possibly armed and dangerous)
• Committing a relevant CMVI (seatbelt, etc)
• Necessary to resolve a vehicle violation (ex. sitting next to Learners Permit Operator)
• In need of assistance (incapacitated, medical or mental health, runaway)

-Involved in criminal conduct

-Witness to a crime (driver under arrest for OUI or operating to endanger)

Question 11

Officers should not ask passengers for ID during a routine traffic stop.

Even though Ch. 85 Sec 16 requires that any vehicle occupant provide “his true name and address” to a police officer at night, the Appeals Court insisted that that statute could not override:

Answer 11

Article 14.

Question 12

Failure to Stop or Obey Police Officer Ch. 90 Sec. 25:

The purpose of the uniform or displayed badge is to inform the driver that the person making the demand:

Answer 12

has the legal authority to do so.

Question 13

Failure to Stop or Obey Police Officer Ch. 90 Sec. 25:

Can normal driving amount to failure to stop?

Answer 13

Yes.

Ex. defendant continued for a few hundred feet after the officer turned his cruiser lights on, then continued to drive at a normal speed for 3/10 of a mile after the officer turned on his siren; this was enough to commit the crime of failure to stop

ex. failure to stop occurred when the defendant put his car in reverse and backed up toward the police cruiser in the breakdown lane; the officer had to use his airhorn to get the defendant to stop.

Question 14

Failure to Stop or Obey Police Officer Ch. 90 Sec. 25:

Behavior amounting to Failure to Stop:

Motorist must (blank) after stopping.

Answer 14

remain at the scene.

ex. roadside altercation between two motorists: “I don’t have all day. I’‘ll leave and go home” Trooper told defendant “Don’t leave because we are investigating”. Although the defendant had yet to be interviewed, Trooper was considering giving him a citation. Defendant took off and was later apprehended.

The conflicting reports of a serious incident on the highway created a reasonable suspicion for the responding officer to obtain both the defendant and truck driver. The defendant violated Se.c 25 when, despite the fact that the inquiry was not complete and the trooper had told him to stay, he left the scene anyway. The police had probable cause to arrest him.

The appeals court declared: “The statutory requirement that a motorist stop for police has no exception- even for a driver who reasonably believes the police detention is unjustified. If there is no legitimate basis for the stop, the driver’s recourse is not through flight…. but through orderly judicial process.”

Question 15

Does failure to stop justify “fresh pursuit” into a neighboring municipality?

Answer 15

Yes.

Ex. detective justified in leaving Watertown and stopping defendant in Waltham

Ex. After Wilmington officer signaled for him to stop, the defendant slowly pulled to the right, but took an unusually long time to come to a stop; it was proper for the officer to follow him three or four feet over the Tewksbury line even though the failure to stop was not blatant.

Question 16

Failure to Stop or Obey Police Officer Ch. 90 Sec. 25:

Hand documents to Officer:

Must motorists lower window and hand their documents to the officer?

Answer 16

Yes.

Consider the precise language of 90 Sec 25, which states that it is a violation when a driver “refuses, on demand of such officer, to produce his license… or his… registration, or to permit such officer to take the license or registration in hand for the purpose of examination

Question 17

May officers suggest that the driver open the glovebox to find the registration?

Answer 17

Yes.

Ex. Trooper: “ You’ve checked everywhere but the glovebox. Could it be in the glovebox?” (defendant did so, revealing a silver revolver)

Since the trooper did not open the glovebox or order the defendant to do so, he did not conduct a search requiring probable cause. It was based on consent. The trooper was not required to tell the driver he had a right to refuse.

Question 18

Stopped for speeding, Edison Quito responded to the trooper’s request for his driver’s license by saying that he did not have it, but did have a work ID. Quito provided this card which bore the name Kevin Monez. Trooper checked this name and determined Quito was not Monez. When asked abut the improper identification, Quito said he made a mistake and showed the trooper a picture on his phone of his license.

Does this qualify for Failure to Stop or Obey Police Officer Ch. 90 Sec. 25:?

Answer 18

Yes. He intentionally gave a false name.

Quito intentionally gave a false name- a violation under 90 Sec 25- so is “innocent mistake” defense failed.

Question 19

Does 90 sec 25 apply when a motorist fails to stop in response to a police officer’s hand signal?

Answer 19

Yes.

However, contrary to popular belief, there is no civil infraction that applies to a motorist’s failure to obey an officer’s hand signal. (The only civil penalty for non compliance is limited to state highways- CMR 9.07 $20 CMVI)

**At the same time, 90 Sec 25 AND the highway regulation do not cover civilian traffic officers. (Both laws are strictly limited to police officers directing traffic). This is true even if the CTO is a retired police officer

Question 20

90 sec 25 applies when a motorist fails to stop in response to a police officer’s hand signal. However, contrary to popular belief, there is no civil infraction that applies to a motorists failure to obey an officer’s hand signal.

The only civil penalty for noncompliance is limited to: State Highways. Under 720 CMR 9.07, officer may issue a $20 CMVI to motorists who fail or refuse to obey their hand signals on a state highway.

At the same time, 90 Sec 25 AND the highway regulation do not cover civilian traffic officers. (Both laws are strictly limited to police officers directing traffic).

However, two other laws may be use to protect both Police Officers AND Civilian Traffic Officers:

Answer 20

1. Operating to Endanger (A police officer who sees the violation may arrest the driver. If based on the report of a CTO, and officer can stop the offender and issue a citation as a complaint application)
2. Improper Passing of Vulnerable User (Must keep a safe distance of atleast 4 feet AND drive at a reasonable speed whenever they pass a vulnerable user).

Question 21

(Blank) occurs when a motorist drives negligently in a way that risks public safety.

Failure to follow and officer’s or Civilian Traffic Officer’s signals- whether on purpose or due to inattention- usually qualifies.

Answer 21

Operating to Endanger

Note: As for enforcement, police officer who sees the violation may arrest the driver. If based on the report of a CTO, and officer can stop the offender and issue a citation as a complaint application.

Question 22

Any violation defined in the 720 CMR series must occur:

Answer 22

On a state highway.

Ex. Following Too Closely- is a CMR and MUST occur on a state highway

Question 23

Public Interference with Emergency Vehicles:

When approaching a stationary emergency response, highway maintenance, or recovery vehicle with flashing lights, a motorist must: (2)

Answer 23

1. Always proceed with due caution (reduce speed properly given the road condition); and
2. Switch into a non adjacent lane if practical (on a highway having at least 4 lanes, with 2 lanes proceeding in the same direction as the operator’s vehicle.

ROA: CMVI

Question 24

Public Interference with Emergency Vehicles:

Yield to emergency vehicles: Driver must: (3)

Answer 24

1. Immediately pull to the rights and stop; and
2. Not continue until the emergency vehicle passes; and
3. Never drive within 300 FEET of an emergency vehicle with lights or sirens activated.

Question 25

Public Interference with Emergency Vehicles: Yield to emergency vehicles: Driver must never drive within (blank) feet of an emergency vehicle with lights or sirens activated.

Answer 25

300 feet. ROA: CMVI

Question 26

Public Interference with Emergency Vehicles: Willful Obstruction of Emergency Vehicle: No person may willfully obstruct or hinder an emergency vehicle exercising its right of way to respond to a fire or emergency. ROA:

Answer 26

Arrest for this breach of peace in presence. Otherwise, complaint. -Misdemeanor

Question 27

Failure to Stop or Obey Police Officer Ch. 90 Sec. 25: ROA: Warrantless arrest in presence anywhere (no public way requirement) NOTE: Criminal Fine of $100, but this is NOT a civil infraction. RMV Action:

Answer 27

Suspension for 60 days

Question 28

True or false? Pedestrians must yield to emergency vehicles, whether or not crossing signal is activated.

Answer 28

True. (must cite CMR if infraction occurs on a state highway; otherwise must cite to local ordinance or bylaw)

Question 29

Must emergency vehicles yield to pedestrians if crossing signal is activated?

Answer 29

NO. PEDESTRIANS must YIELD TO EMERGENCY VEHICLES, whether or not the crossing signal is activated.

Question 30

Public Interference with Emergency Vehicles: Fire Scenes: Rules about Driving and Parking Ch. 89 Sec 7A: (2)

Answer 30

1. No driving over hose- without the permission of a FIREFIGHTER. 2. Parking is prohibited: (1) within 800 feet of a fire; or (2) within established fire lanes(during working fire); or (3) on or beside a traveled public or private way leading to a fire. Note: Restricted use: Ch. 89 sec 7A may *not* be used for simply parking in a fire lane. 7A applies to interference with a working fire. For the typical fire lane violation, officers may issue a parking ticket and, if they choose, may tow the vehicle. CMVI $105

Question 31

Public Interference with Emergency Vehicles: Fire Scenes: Rules about Driving and Parking Ch. 89 Sec 7A: Does this apply if someone simply parks in a fire lane (no active fire).

Answer 31

No. Restricted use: Ch. 89 sec 7A may *not* be used for simply parking in a fire lane. 7A applies to interference with a working fire. For the typical fire lane violation, officers may issue a parking ticket and, if they choose, may tow the vehicle.

Question 32

Parking is prohibited within how many feet of a fire?

Answer 32

within 800 feet. CMVI $105

Question 33

Public Interference with Emergency Vehicles: Fire Scenes: Rules about Driving and Parking Ch. 89 Sec 7A: 2. Parking is prohibited: (1) within 800 feet of a fire; or (2) within established fire lanes(during working fire); or (3) : (what is number 3?)

Answer 33

(3) on or beside a traveled public or private way leading to a fire.

Question 34

Public Understanding of Police Traffic Stops: Prosecutors and police should impress on judges the clear guidance that citizens receive from the registry about how to behave during a traffic stop. There are times when courts dismiss what officer perceive as potentially dangerous movement and behavior by vehicle occupants on the basis that the occupants had not reason to know that their behavior might cause the police to react. This assumption is false, and it fails to take into account that:

Answer 34

_All licensed driver_ arespecifically told how to conduct themselves during a traffic stop. Note: It can even persuasive if the prosecutor offers this information into evidence during the motion to suppress hearing.

Question 35

Public Understanding of Police Traffic Stops: The Massachusetts Driver's Manual- under the heading "General Guidelines if you are stopped by a police officer- educates motorists. The following are included: (8- just read)

Answer 35

1. Pull over to the side of the road and stop when signaled by a police officer. You must pull over whether the officer is in a police car or on foot. 2. Your actions during a traffic stop may determine the police officer's reaction. Arguing, suddenly reaching under the seat or into unseen areas of the passenger compartment are not appropriate. 3. To help reduce the levels of anxiety, you should do the following during a traffic stop: -Do not stop you vehicle in an intersection, in front of a driveway, or in a travel lane. If the officer directs you to pull over in a certain place, pull over where directed. - Put the car in park (if an automatic transmission) or in neutral with the parking brake in (if a standard transmission). Turn off the engine and radio. - Stay in the vehicle (both you and your passengers). Only get out if instructed by the officer. Keep hands in plain view. - If it is dark, leave your headlights on and put the interior overhead light on. - Roll down your window as the officer walks toward you. - The officer will usually explain why you were stopped. If not in uniform, the officer will show you their credentials or you may ask to see them. - Wait until the officer asks for your license and registration before you (or a passenger) reach into the glove compartment. Do not suddenly reach into clothing while the officer approaches or is present. If you do not own the vehicle, state the name and address of the owner. If you fail to comply, or provide a false name or address, you can be fined $100. You can also be arrested and face criminal charges if you refuse. 4. You registration identifies your insurance carrier and explains that an insurance card is not issued under Massachusetts Law. 5. Keep your hands in plain sight and tell your passengers to do the same. 6. Do not make any sudden movements or gestures that could seem threatening. Examples of this could be reaching under the seats or into unlit areas of the vehicle. 7. Once a citation is issued, the officer is required to file it and cannot take it back. You have the right to challenge the citation in court. 8. Remember that a police officer never knows what to expect when stopping a driver. The officer may be more likely to listen to you and less likely to feel threatened if you follow these guidelines.

Question 36

State of Emergency Driving Ban: During a state of emergency, who may order a driving ban?

Answer 36

The Governor.

Question 37

State of Emergency Driving Ban: Because violating the ban is a crime, police officer may stop any motorist- except for an obvious first responder or plow driver- as a potential violator. What enforcement action may a police officer take for a violation of an emergency driving ban?

Answer 37

1. May arrest- for this obvious breach of peace in their presence 2. May warn the motorist and direct him to leave the roadway 3. May apply for a criminal complaint However, what they may not do: Officer should NEVER issue a motor vehicle citation for a travel ban violation.

Question 38

State of Emergency Driving Ban: True or False? Officers should never issue a motor vehicle citation for a travel ban violation.

Answer 38

True. Officers may warn motorist and tell them to leave roadway, apply for criminal complaint (Emergency, Violation of Executive Order During State of Emergency), or arrest for the obvious breach of peace. But may NOT issue citation.

Question 39

Law Enforcement Pursuit & Emergency Vehicle Operation: Author's Statement of Limitations: While some human activities lend themselves to total regulation, high speed pursuit and emergency driving do not. There are just too many variables- the reason for the pursuit, road conditions, operators skill- just to name a few. With so many variables, principles guide, but:

Answer 39

do not control. Principles bled with discretion, experience, and intuition in the field. The product is good judgement and, more often than not, a good result.

Question 40

(Blank) occurs once your speed exceeds the legal limit, or you drive contrary to traffic signs and signals, in order to follow a vehicle with the intent to engage its driver or passengers in any form of police activity.

Answer 40

Pursuit.

Question 41

(Blank) occurs when your speed exceeds the legal limit, or you drive contrary to traffic signs and signals, in order to perform a police function- but you are not pursuing a vehicle.

Answer 41

Emergency Vehicle Operation (EVO)

Question 42

NHTSA reports that (blank) percent of officers killed in crashes were not wearing seat belts.

Answer 42

42% Department mandatory seatbelt policies, supervisor attention, and officer commitment can reduce injury and death.

Question 43

What percent of police departments admit that distracted driving has caused a cruiser crash within the past year?

Answer 43

25% Of particular concern, offices engage in job-related multi tasking that diverts their attention from driving- e.g. scanning the roadside for disabled vehicles, entering queries into a MDT. Departments should adopt policies and provide training to reduce distracted driving (e.g. requiring hands-free devices and urging officers to enter MDT queries while parked).

Question 44

The IACP published "Preventing Traffic- Related Line- of Duty Deaths". An average of (blank) officers die annually from firearms related incidents while (blank) officers die in traffic incidents.

Answer 44

-57- firearms -72- traffic incidents

Question 45

Officers are how many more times likely to be involved in a crash than a civilian?

Answer 45

4 times

Question 46

Overall, distracted driving is believed to cause (blank) percent of vehicle fatalities in the U.S.

Answer 46

16 percent.

Question 47

When operating the cruiser- the minimum standard of care. 89 sec 7B establishes: (1) the authority of police officer to engage in pursuit or EVO; and (2) the minimum restrictions placed on those activities. As a result: 1. Right of way. You, as a police officer, have the right of way when responding to a call; and 2. Emergency operations and limitations: In an Emergency, you, like other first responders, may:(2)

Answer 47

1. Cautiously exceed speed limits if necessary for public safety; 2. Drive contrary to signs and signals after fully stopping at and proceeding with caution though any intersection. Officers may NOT pass a school bus with flashing lights that has stopped to let children on or off- unless a police officer signals otherwise.

Question 48

Officers may NOT pass a school bus with flashing lights that has stopped to let children on or off- unless:

Answer 48

a police officer signals otherwise.

Question 49

Most police crashes happen at:

Answer 49

intersections. -so stopping and only proceeding when safe is the most important safeguard during pursuit or EVO. This is the PARAMOUNT command of 89 sec 7B!

Question 50

What is the most important safeguard during pursuit or Emergency Vehicle Operation?

Answer 50

Stopping at intersections, and only proceeding when safe. *Most police crashes happen at intersections.

Question 51

How many people died in police pursuits in America in 2021?

Answer 51

525

Question 52

What percent of those seriously injured in police pursuits are individuals not involved in the pursuit?

Answer 52

21 percent

Question 53

True or false? Oftentimes the risk of pursuit or EVO is not worth it.

Answer 53

True. It may make sense to allow a suspect to temporarily escape, or to incrementally slow your response to a call for service. Footnote: 89% of police pursuits in California, for example, involved civil traffic infractions as the initial basis for the stop.

Question 54

Pursuit and EVO Asses your emergency driving ability. Know your:

Answer 54

limitations.

Question 55

True or false? You should never pursue or engage in EVO for entertainment.

Answer 55

True. It is too dangerous, with the potential for too many unanticipated targets.

Question 56

Pursuit and EVO True or false? Never see flight as a challenge to your authority.

Answer 56

True. The most disastrous pursuits often stem from the pursuing officer's ego. A mindset that promotes poor judgment is the belief that a fleeing vehicle makes you look bad. Do not take it personally.

Question 57

Pursuit and EVO: The most disastrous pursuits often stem from:

Answer 57

the pursuing officer's ego. A mindset that promotes poor judgment is the belief that a fleeing vehicle makes you look bad. Do not take it personally.

Question 58

Deciding whether to Pursue or engage in EVO The fundamental questions: (2)

Answer 58

1. Is the risk from pursuit outweighed by the risk of allowing a suspect to escape apprehension? 2. Is the risk from EVO outweighed by the risk of possibly allowing a suspect to escape and/or delaying intervention with a victim on scene.

Question 59

Abandoning Pursuit or EVO Who is it up to? (prior to intervention by a supervisor)

Answer 59

It is always up to you to stop. You are in the best position to decide whether to continue. However, recognize that a supervisor, who is not in the heat of the moment, may be able to exercise better judgment.

Question 60

Abandoning Pursuit or EVO Recognize that a supervisor, who is not in the heat of the moment, may be able to exercise better judgment. We are all human, and it is easy to get caught up in the pursuit and to lose sight of the bigger, public safety picture. That is why every department empowers supervisors to suspend a pursuit or EVO. Do not view this oversight as:

Answer 60

a lack of trust in your judgment. Rather, this policy provides an appropriate safeguard against the human tendency to lose perspective in high stress moments.

Question 61

Abandoning Pursuit or EVO: Consider these factors in evaluating whether to continue: (6)

Answer 61

1. Nature of the violation/offense and potential hazard created by pursuit 2. Likelihood of successful apprehension 3. Volume, type, speed, and direction of traffic 4. Nature of the location (ex. residential? business? school?) 5. Weather and road conditions 6. You driving skills and type of police vehicle.

Question 62

Pursuit: FOOTNOTE: In a comprehensive report released by the Police Executive Research Forum (PERF), PERF recommends that the police *only* pursue suspects when: (2)

Answer 62

1. A violent crime has been committed; and 2. The suspect poses an imminent threat to commit another violent crime.

Question 63

Pursuit: Recognize potential pursuits before they happen: You know from experience that certain people take off- such as?

Answer 63

Drug dealers, car thieves, teenage traffic offenders, and so forth. While you cannot anticipate every pursuit, pay attention for signs that a pursuit may be brewing (ex. back seat passenger keeps looking back at you)

Question 64

Pursuit: Consider alternatives to discourage flight. What are some strategies to consider?

Answer 64

1. Is a traffic stop necessary? Ex. is it possible to approach or engage suspect away from his vehicle 2. Are you taking precautions during the stop? Ex. wait for a good location, wait till vehicle is stopped, ask operator to turn off the engine and give you keys

Question 65

Pursuit: Remain alert for information that will facilitate later enforcement. Even if you have to abandon pursuit for safety reasons, you will feel better if you have an alternative enforcement method. Before pursuit, engage in surveillance to gain information about the car and suspect so you have a back up plan if pursuit ends prematurely. Does a glimpse of the driver often prove it is the owner?

Answer 65

Yes. Citations are allowed to be mailed, and/or you can get a later arrest warrant. Justice delayed is not necessarily justice denied!

Question 66

Conducting pursuit: Communicate completely. Immediately inform dispatch of: (4)

Answer 66

1. Call sign of your unit 2. Description of pursued vehicle and its occupants 3. Reason for pursuit 4. Direction of travel, estimated speed, and roads being used.

Question 67

Conducting pursuit: Drive defensively and sensibly. You should: (4+)

Answer 67

1. Always conform to the requirements of 89 Sec 7B 2. Activate warning lights and siren 3. Yield to a marked cruiser if conducting pursuit in an unmarked unit or on a motorcycle 4. Avoid: - Pursuing a vehicle the wrong way on a divided highway or one way street (unless necessary to prevent a clear and present danger) - Intentionally striking the pursued vehicle (unless there is an immediate and realistic threat of death or serious bodily injury and all other apprehension methods have failed or would be ineffective) - Discharging a weapon toward a moving vehicle (unless absolutely necessary for protection of life). There is too much danger to others form ricocheting bullets and, equally important, bullets are unlikely to disable a moving vehicle- even shots to the tires. -Pursuing a vehicle with a non-law enforcement passenger in your cruiser (unless absolutely necessary) -Using a personal vehicle (unless absolutely necessary because felonious conduct is involved; if undertaken, obey all traffic rules.

Question 68

Conducting Pursuit: Avoid: Pursuing a vehicle the wrong way on a divided highway or one way street, unless:

Answer 68

necessary to prevent a clear and present danger.

Question 69

Conducting Pursuit: Avoid: Intentionally striking the pursued vehicle, unless:

Answer 69

there is an immediate and realistic threat of death or serious bodily injury and all other apprehension methods have failed or would be ineffective)

Question 70

Conducting Pursuit: Avoid: Discharging a weapon toward a moving vehicle, unless:

Answer 70

absolutely necessary for protection of life. There is too much danger to others form ricocheting bullets and, equally important, bullets are unlikely to disable a moving vehicle- even shots to the tires.

Question 71

Conducting Pursuit: Avoid: Pursuing a vehicle with a non-law enforcement passenger in your cruiser, unless:

Answer 71

absolutely necessary

Question 72

Conducting Pursuit: Avoid: Using a personal vehicle, unless absolutely necessary because :

Answer 72

felonious conduct is involved. If undertaken, obey all traffic rules.

Question 73

Conducting Pursuit: Is there an elevated risk from tire deflation devices and assisting cruisers?

Answer 73

Yes. Officers who deploy tire deflation devices are at risk. Some have been hit retrieving the devices from their trunks, or by passing police, suspect, or citizen vehicles. There is also increased danger from police cruisers rushing to assist an ongoing pursuit, or rushing to get ahead in order to set up a roadblock or deploy tire deflation devices.

Question 74

Conducting Pursuit: Enter another jurisdiction with:

Answer 74

permission. (from your supervisor) You should pursue into another jurisdiction only after notifying dispatch and, if feasible, receiving permission from you supervisor. Communicate with the receiving jurisdiction (either directly or through dispatch) to prevent collisions or other dangerous accidents that often occur without proper coordination.

Question 75

Documenting Pursuit: The decision to pursue, and the conduct and result of a pursuit, must be fully and accurately documented in your:

Answer 75

incident report. It is your greatest protection against being second -guessed in a later judicial proceeding. Full disclosure is critical.

Question 76

Emergency Vehicle Operation: Author RECOMMENDED call for service classification system: Priority 1: Immediate response is critical because the call for service involves: (4)

Answer 76

1. A threat of death or serious bodily injury; 2. Possibility of major property damage; 3. A felony or violent misdemeanor occurred within **15 minutes**, and it is possible the suspect may be apprehended; or 4. A domestic violence incident

Question 77

Emergency Vehicle Operation: Emergency Vehicle Operation: Author RECOMMENDED call for service classification system: Priority 2: Immediate response is not critical: (3)

Answer 77

1. A recent crime or incident not posing a significant threat to life or property. 2. Suspects fled the scene (longer than 15 minutes); or 3. An incident involving damage that presents a traffic hazard **

Question 78

Emergency Vehicle Operation: Emergency Vehicle Operation: Author RECOMMENDED call for service classification system: Priority 3: Response could be delayed for a reasonable period of time without:

Answer 78

adverse effect.

Question 79

Emergency Vehicle Operation: Avoid: Pursuing with a non- law enforcement passenger in your cruiser, unless absolutely necessary or the individual has been:

Answer 79

pre-approved for a ride along.

Question 80

Conducting EVO Who may an emergency response be upgraded or downgraded by?

Answer 80

You (officer), a supervisor, or a dispatched. Any disagreement shall be resolved by the highest ranking officer involved in the decision. You must stop EVO immediately if no longer authorized and proceed to the scene without lights or siren and in compliance with all traffic laws.

Question 81

Emergency Vehicle Lights: In Massachusetts, you may not have any color of flashing, rotating, or oscillating light on your vehicle, without a permit from the registry, except one:

Answer 81

Amber. PROVIDED you are performing a statutory purpose. If you aren't, you need a permit.

Question 82

Emergency Vehicle Lights: Flashing, rotating, oscillating Red or blue =

Answer 82

$305 CMVI under 90 Sec 7E May apply for removal order.

Question 83

Emergency Vehicle Lights: Flashing, rotating, oscillating Purple, green, pink, white, etc (besides amber) =

Answer 83

$40 CMVI under 550 CMR 22.06 May apply for removal order.

Question 84

Flashing or auxiliary headlamps (aka Wig-wags) in any color require:

Answer 84

a permit. $40 CMVI under 540 CMR 22.05 May apply for removal order.

Question 85

Emergency Vehicle Lights: Under 90 Sec 7E, there are three types of violators who have a blue, red, white, or other colored light (except amber). From most to least serious, they are:

Answer 85

1. A motorist who never received a permit for the light from the Massachusetts Registrar and is not eligible to get one; 2. A motorist who could be issued a permit, but was driving with the light before having the permit; and 3. A motorist who had a lawful permit but it was revoked because he no longer had the police/fire job or he abused it (ex. volunteer firefighter putting on the red light to get to a lunch date)

Question 86

Currently, the registry regulations require that operators obtain a permit for rotating, flashing, or oscillating lights in all colors, including white. Only (blank) lights are exempt from the permit process.

Answer 86

Amber. PROVIDED you are performing a statutory purpose. If you aren't, you need a permit.

Question 87

Emergency Vehicle Lights: Permit in possession: "Any person operating a vehicle upon which flashing, rotating, or oscillating (red or blue) lights are mounted shall have the permit for said lights upon his person or accessible int he vehicle" Simply lacking a permit justifies:

Answer 87

a citation Note: The permit requirement does NOT apply to obvious police, fire, and EMS vehicles from established agencies.

Question 88

Emergency Vehicle Lights: Amber lights may be used WITHOUT a registry permit. Amber (orange/yellow) lights are authorized without a permit for vehicles belonging to: (8)

Answer 88

1. Auxiliary Police 2. Charitable organizations 3. Private alarm or security companies 4. government agencies (ex. DPW) 5. Towing services or motorist assistance (AAA) 6. Utility companies 7. Companies that transport human organs or hazardous materials 8. Construction equipment and snowplows Note: other types of vehicles may apply for a registry permit

Question 89

Removal or Confiscation of rotating, flashing, or oscillating lights: For violations involving all colors except for blue lights, officers should contact the registry to issue:

Answer 89

a removal order. This authorizes the registry to send an order directing the offending motorist to remove the lights within 5 days unless he or she can legally justify keeping them installed in a vehicle. A copy of the removal order is sent to the local police chief, who may have an officer check on the motorist's compliance. If the motorist fails to remove the offending lights, officer should file an immediate threat complaint for the flagrant violation of the original registry order. **Officers DO NOT HAVE THE AUTHORITY TO PHYSICALLY REMOVE AND CONFISCATE LIGHTS- Unless the registry specifically directs them to do so in writing.

Question 90

Removal or Confiscation of rotating, flashing, or oscillating lights: For violations involving all colors except for blue lights, officers should contact the registry to issue:a removal order. This authorizes the registry to send an order directing the offending motorist to remove the lights within 5 days unless he or she can legally justify keeping them installed in a vehicle. A copy of the removal order is sent to the local police chief, who may have an officer check on the motorist's compliance. If the motorist fails to remove the offending lights, officers should:

Answer 90

file an immediate threat complaint for the flagrant violation of the original registry order. **Officers DO NOT HAVE THE AUTHORITY TO PHYSICALLY REMOVE AND CONFISCATE LIGHTS- Unless the registry specifically directs them to do so in writing.

Question 91

Officers DO NOT HAVE THE AUTHORITY TO PHYSICALLY REMOVE AND CONFISCATE LIGHTS- Unless :

Answer 91

the registry specifically directs them to do so *in writing*.

Question 92

Removal or Confiscation of rotating, flashing, or oscillating lights: For violations involving all colors except for blue lights, officers should contact the registry to issue a removal order. This authorizes the registry to send an order directing the offending motorist to remove the lights within

Answer 92

5 days. unless he or she can legally justify keeping them installed in a vehicle.

Question 93

Removal or Confiscation of rotating, flashing, or oscillating lights: For violations involving blue lights- Officers may engage in the civil administrative process previously discussed (for all other color lights); OR Officers may seize the blue lights, at the scene of the traffic stop, IF:

Answer 93

they have probable cause that the lights are evidence of a crime. Ex. Impersonating a Police Officer Note: Officers may issue a citation under 90 sec 7E and decide to hold the lights as evidence based on probable cause- even though they have not decided to charge the offender criminally (Ex. cross training- Comm V Skea- Officer properly kept possible evidence of crime based on probable cause, even though he had not decided to arrest or charge the potential offender yet; the court understood that if he allowed the offender to leave with the jewelry, any hope of finishing the investigation and pursuing future charges would be thwarted)

Question 94

May out of state motorists possess colored lights in Massachusetts?

Answer 94

No. There is no provision in 90 Sec 7E or related regulations that permits an out-of-state motorist to possess colored lights in Massachusetts. Also, a Massachusetts resident may not justify light possession on the basis of permission gained form another state, especially in a Massachusetts registered vehicle.

Question 95

There is no provision in 90 Sec 7E or related regulations that permits an out-of-state motorist to possess colored lights in Massachusetts. That said, officer should use their:

Answer 95

common sense. If the out-of-state motorist provides a plausible explanation or written documentation, then officers may permit continued operation or, in less clear cases, obtain the necessary information and follow up with the appropriate out-of-state agency. Of course, officers encountering out-of-state motorists in suspicious circumstances should enforce the law in the exact same manner as they would against a resident motorist.

Question 96

Samaritan Misuse of Siren and/or Emergency Lights Emergency vehicles operated by charitable organizations- e.g. private ambulance companies, Red Cross, auxiliary police, certain volunteer fire departments, etc.- must be

Answer 96

clearly marked. The Samaritan vehicles may also be equipped with siren and lights. However an employee may not misuse these signal devices for a non emergency purpose.

Question 97

90 Sec 16 prohibits the mounting of a siren without (blank), and officers may use Sec 16's prohibition against unnecessary noise to penalize the individual who unnecessarily uses a siren.

Answer 97

without lawful authority.