The Commonwealth of Massachusetts recently enacted M.G.L. Chapter 6E, establishing guidelines for the operation of Massachusetts law enforcement officers and agencies. M.G.L. Chapter 6E, Section 1, provides clear and concise definitions for terms used throughout the law, including a statewide definition of “untruthfulness.”
“Untruthful” or “untruthfulness” means knowingly making an untruthful statement concerning a material fact or knowingly omitting a material fact: (i) on an official criminal justice record, including, but not limited to, a police report; (ii) while testifying under oath; (iii) to the commission or an employee of the commission; or (iv) during an internal affairs investigation, administrative investigation, or disciplinary process.
This definition includes the elements necessary to establish untruthfulness, including the intentional omission of a material fact. This manual provides relevant case law, factual considerations, and investigative techniques that may assist investigators in identifying and documenting the facts and evidence necessary to sustain findings of untruthfulness when appropriate, whether the allegation involves a direct false statement or the omission of a material fact.
This manual contains case law, factual information, and guidance to assist investigators in examining these types of allegations within the framework of applicable law, contractual obligations, and departmental policies. These resources are intended to support the thorough and successful completion of each investigation. It is important to note that M.G.L. Chapter 6E, Section 10, requires the mandatory revocation of a police officer’s certification under certain circumstances.
