8. Arrest Jurisdiction And Execution. Flashcards

1
Q

Can State College or university police officers make arrest for any crime committed on property owned or used by their institution?

A

Yes, this includes public ways that connect to campus facilities. This enables all SSPO’s to enforce vehicle crimes like operating to endanger or OUI.

Public college and university officers may issue citations for vehicle infractions, but those employed by private institutions may not. Sorry, Brandise.

Their authority may also extend to area surrounding their campus, when dealing with an incident involving one of their students, staff, or other people connected with their institution .

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Can a deputy sheriff exercise law enforcement authority?

A

Yes, within their county, and if certified by Post

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

May a campus police officer execute an arrest warrant, off-campus?

A

They may not execute an arrest warrant off-campus, unless it is connected to a crime on campus, or involves a member of the campus community

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is an important benefit of an arrest warrant?

A

It may be served anywhere in the Commonwealth. Arrest is authorized if probable cause exists that a warrant is in effect and does a suspect being detained is the wanted person.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

May local officers go outside their jurisdiction?

A

They may go outside to investigate as long as they do not detain search or arrest a suspect.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is a citizens arrest authority for officers?

A

Any citizen has the legal authority anywhere in the Commonwealth to arrest a felon who might otherwise escape the same rule applies to police police officers (example, Methuen officer, watch the heroin sale occur just over town line and LAWRENCE because it was for a felony. He had jurisdiction to make a citizens arrest in Lawrence).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

A Massachusetts police officer must have this for somebody who has committed a felony and continues into a border state in order to make an arrest

A

A Massachusetts police officer must be in “fresh pursuit” to make an arrest in a border state for a felony

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the best way to avoid challenges to police jurisdiction between municipalities?

A

A mutual aid agreement

Office have a rest Powers
Municipalities and neighboring states eligible
This is essential for small municipalities

Present agreement in court and method of activation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

For officers to stop an offender for an arrestable offense committed in their presence within their jurisdiction, they may engage in:

A

“Fresh and continuous pursuit”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the requisition of officers mean?

A

No written agreement necessary (unlike mutual aid) This authority is granted to the OIC in each community

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is transferred authority?

A

Transferred authority applies to a breach of the peace. A breach of the peace could be stopping a vehicle for OUI.

Transferred authority is also allowed for civil infractions that threaten public safety, such as stopping in an erratic vehicle.

An officer outside his jurisdiction, who is involved in an accident may to detain the driver pending the arrival of local police.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

If de-escalation fails, or is not feasible officers, may use this in order to affect a lawful arrest

A

Reasonable force

Unless police use excessive force, a citizen may not forcibly resist even an unlawful entry into his home for an unlawful arrest by police

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

A warrantless arrest is authorized in public, even if there’s time for this

A

To obtain a warrant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is needed to arrest in a private home? (3)

A

Warrant
Consent
Exigent circumstances

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Residence have a high expectation of privacy in their homes. This is why Police must have this in order to enter and arrest them there:

A

They must have a warrant, consent, or exigent circumstances. The entire curtilage is covered by this rule.(ex Defendants at rest occurs in an enclosed yard warrant needed in this area)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Does the warrant, consent, or exigent circumstances for entry into a home to make arrest apply to visitors?

A

A visitor is not entitled to this same protection, but the rule does covers overnight guests.

17
Q

For the situation of an overnight guest does Massachusetts recognize out of state warrants?

A

No, Massachusetts officers should never rely on an out-of-state warrant for someone in a home as a guest. They should obtain a Massachusetts fugitive warrant.

Another possibility would be to wait until the fugitive leaves the dwelling and arrest them without a warrant pursuant to chapter 276, section 20 B

18
Q

Is a suspect in public just because he opens the door?

A

No. They need to come out entirely of the apartment or home beyond the doorway for this to be a legitimate public arrest.

19
Q

Does a suspect consent to entry just because he opens the door?

A

No, the court ruled valid consent requires that an occupant clearly invite officers in to enter.

20
Q

What is the best practice for arresting somebody in their home?

A

Get a warrant

21
Q

Do officers need to knock and announce their presence and purpose prior to entering a home?

A

Yes, officers must knock and announce.

Two exceptions : engaging in a trick that causes someone to voluntarily open the door, or when the situation requires an officers, dispense with a knocked announce rule because they fear violence.

22
Q

In addition to executing an arrest warrant police also must need this, that the suspect is present inside the home (level of information):

A

Reasonable suspicion that the defendant is present

23
Q

If I arrest somebody outside, does does that automatically allow me to enter a home?

A

No

24
Q

If a suspect is hiding in another person’s home, what do I need?

A

They must have an arrest warrant for the person, hiding and a search warrant, consent, or exigent circumstances to justify entering the home of the third-party to get him.

25
Q

Can an overnight guest that the police sought a valid arrest warrant for challenge the validity of the search warrant when he was arrested in a third-party‘s home?

A

No, this is because the search warrant protects the owners privacy, not the fugitives.

26
Q

What are two exceptions to the warrant requirements?

A

Consent, this must be voluntary.

Exigent circumstances call for immediate police entry .

27
Q

Statutory right of arrest

A

Warrantless arrest is authorized by 276, section 28 for certain domestic violence crimes:

Violation of a protective order anywhere in Massachusetts

Domestic assault & battery anywhere in Massachusetts even without a protective order in effect officers may arrest a suspect in their jurisdiction who is committed in assault and battery against a family or household member in any Massachusetts community