7. Charging offenders with crimes.

Question 1

What are the three methods to bring somebody to court?

Answer 1

Warrant
Arrest
Complaint

Question 2

Why is the court more likely to uphold the validity of an arrest made under a warrant?

Answer 2

Because their judgments about probable cause may be more readily accepted when backed by warrant issued by magistrate.

Question 3

Arrest warrant venue

Answer 3

An Officer may seek an arrest warrant from the district court that has jurisdiction over the location of the crime,

or where the offender may be found.

Question 4

What must arrest warrant contain about the offender?

Answer 4

And arrest warrant must contain the name of the offender. If the correct name is unknown, an officer may use “any name or description by which can be identified with reasonable certainty”

Question 5

Who has authority under an arrest warrant?

Answer 5

Any official authorized to serve criminal process in any county may execute an arrest warrant.

Authorized officials, include municipal officers, state, troopers, constables, and deputy sheriffs. A warrant may not be served by a private citizen.

Question 6

Where in Massachusetts may an arrest warrant be executed?

Answer 6

Anywhere in the Commonwealth, regardless of the court, that issued it officers may travel outside their territorial jurisdiction to apprehend a person named in a warrant. They may enter a suspect home and apprehend them inside.

Question 7

Can I obtain an arrest warrant for the sole purpose of conducting a search?

Answer 7

Absolutely not. An example of obtaining an arrest warrant for minor traffic violations, then delaying the execution of the warrant until they knew the defendant would be carrying illegal drugs-no go.

Question 8

Under 22C what is mandated that agencies provide state troopers and municipal officers with?

Answer 8

Identifying information, including, but not limited to name, date of birth, all pertinent addresses, telephone numbers, and Social Security numbers. The statute only applies to locating people named in warrants.

Question 9

Probable causes needed

Answer 9

To charge an offender with a crime.

Question 10

What is the definition of an arrest?

Answer 10

An arrest occurs when a person is taken into custody and significantly deprived their freedom (custody and control)

A reasonable person would have understood that he was under arrest

Question 11

Why is the point of arrest significance?

Answer 11

Because it is the point where probable cause must exist, and rights must be honored. (Booking the person giving them a phone call within an hour etc)

Question 12

If officers through no-fault of their own rely on bad information for an arrest, who typically decides whether to release an arrestee?

Answer 12

A magistrate should typically decide whether to release an arrestee.

Only when officers are absolutely certain they lack probable cause should they release an arrestee.

Question 13

Right of recapture

Answer 13

Police have the right to recapture when a detainee or arrested subject fails to buy the conditions of his release.

Question 14

Right of arrest: felonies

Answer 14

An officer may conduct a warrantless arrest in public for any felony.

Question 15

Right of arrest: misdemeanors (4 types)

Answer 15

PAST MISDEMEANOR: Statutory right of arrest for a past misdemeanor (ex. A&B domestic violence, 209A, shoplifting, possession of ammunition, operating under the influence, etc)

STATUTORY RIGHT IN PRESENCE: Statutory right of rest in officers presence (these are the one specifically authorized by statute) (ex larceny or attempted larceny, minor possession of alcohol, trespassing)

BREACH OF PEACE IN PRESENCE: Even without statutory authority, officers may make a worthless arrest for any misdemeanor involving a breach of the peace in their presence.

MUNICIPAL LAWS: most of these violations and Officer may not arrest for however, certain violations, such as possessing or drinking alcohol in public or remaining in public in willful violation of local law.

Question 16

Just because you have the right of arrest and probable cause:

Answer 16

Does not necessarily mean you must arrest.

Question 17

What are the only two situations were arrested is mandatory?

Answer 17

Violations of a domestic violence restraining order, and/or harassment prevention order.

Question 18

Massachusetts officers may arrest a fugitive from justice from another state based upon:

Answer 18

Reasonable information that the accused stands charged in another state with a crime punishable by imprisonment for a term exceeding 1 years.

So this means I can just arrest somebody with knowledge of their out-of-state warrant. I don’t need to go get a Massachusetts fugitive from Justice warrant.

Question 19

What is required when a Massachusetts officer is arresting a fugitive from Justice

Answer 19

There is an arrest warrant from the original jurisdiction, an indictment,

or a criminal complaint, or written information from a law-enforcement source that the person is wanted for a crime.

Question 20

Demanding state

Answer 20

Where the crime occurred

Question 21

Asylum state

Answer 21

Has the body of the criminal. The governor of the asylum state then issues a governor warrants to the demanding state.

This authorizes personnel from the demanding state to retrieve the prisoner.

Question 22

What do Massachusetts probation officers have arrest authority for?

Answer 22

They may arrest an individual without a warrant for violating a term or condition of probation

Arrest a defendant, with a pending case, who has violated a condition of his pretrial release

The probation officer may issue a warrant to hold the probation for up to 72 hours

Question 23

What is required for a Massachusetts citizens arrest for someone who has committed a felony?

Answer 23

In fact. The in fact, requirement is stricter than probable cause. This is because it is designed to prevent the dangers of uncontrolled vigilanteeism.

Question 24

What is the preferred method for bringing an offender to court?

Answer 24

A criminal complaint

Question 25

What are the four paths for a criminal complaint?

Answer 25

First path, the offender is accused of a misdemeanor and not under arrest. The officer must typically afford him a hearing.

Second path, the misdemeanor offender may be denied a hearing if he fails to request one, or if he presents a safety or flight risk

Third path, The officer decides whether to grant a hearing for a felony

Fourth path, the officer request that the clerk issue, a felony complaint. The clerk has no discretion to grant a hearing, and the defendant receives a summons to appear for his arraignment.

Question 26

The citizen path: a citizen may apply for a criminal Complaints

Answer 26

When a citizen feels that here she has been the victim of a crime they can apply for a criminal complaint in the district court. Sometimes an Officer may enforce with a marginal case suggest this avenue

Question 27

Are show cause hearing records public?

Answer 27

Not usually, however any member of the public may request records of a hearing where probable cause was found, but the clerk did not issue a complaint

The request must also state why the interest of Justice will be served by making these normal private documents available to the public. Magistrate in his decision must then balance, the public interest with disclosure that may unfairly affect the accused.

Hearing must record the judicial officer, presiding the court hearing occurs date when complaint was filed, and hearing took place whether the complainant is a law-enforcement officer, or private citizen, gender and race of the accused end of the private citizen, complainants whether the accused or private complainant is represented by an attorney names of the attorney offense is alleged and the disposition of the show cause hearing