Can A Sherriff’s Car Pull You Over In Berkshire County?

Can a Sherriff's car pull you over in Berkshire County? A lot of people assume the answer is no. City and town police handle traffic. Sheriff’s deputies work the jail, serve papers, and move inmates. Then you see lights behind you on Cheshire Road and the car is marked Sheriff. (This was my experience - I witnessed it happening to someone else who passed me on the left quite egregiously).

I asked Sheriff Tom Bowler about it on the air today.

His short version: it depends on the deputy, and the state still has not fully settled it.

The sheriff’s office still has powers under Chapter 37 of the Massachusetts General Laws. Those old authorities were never taken off the books when the state did police reform and created the POST Commission. So some deputies are POST certified or “bridge certified.” Those officers can do full police work, including investigations and arrests. Bowler said he has two of them on the drug task force.

Other deputies are more limited. They can still act on a breach of the peace that happens in front of them, disorderly conduct, and warrant arrests. Traffic stops sit in a gray area.

Hampden County Sheriff Nick Cocchi has used Chapter 90 traffic laws and has certified officers writing citations. Bowler said Berkshire is taking a tighter approach while they keep talking with POST. If something is truly dangerous, his instruction right now is detain the person and call the local department to come handle it.

That Cheshire Road stop I saw makes more sense once you know the jail sits right there. The office has an armed perimeter officer who drives that stretch from Cheshire Road over toward Second Street, especially after hours.

You will also see marked sheriff vehicles that are not out hunting speeders. Civil process deputies serve court papers. Transport officers move inmates to court and medical appointments. They are armed and in uniform. Bowler’s position is that POST does not cover those jobs the same way it covers street policing.

So if a sheriff’s car lights you up, it is not automatically out of bounds. It also is not the same as every Pittsfield or Lanesborough cruiser. Different deputies have different authority, and the state is still writing the fine print.

That is the piece most drivers never hear until it happens in their rearview.