8. Arrest Jurisdiction And Execution. Flashcards
Can State College or university police officers make arrest for any crime committed on property owned or used by their institution?
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 .
Can a deputy sheriff exercise law enforcement authority?
Yes, within their county, and if certified by Post
May a campus police officer execute an arrest warrant, off-campus?
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
What is an important benefit of an arrest warrant?
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.
May local officers go outside their jurisdiction?
They may go outside to investigate as long as they do not detain search or arrest a suspect.
What is a citizens arrest authority for officers?
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).
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 Massachusetts police officer must be in “fresh pursuit” to make an arrest in a border state for a felony
What is the best way to avoid challenges to police jurisdiction between municipalities?
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
For officers to stop an offender for an arrestable offense committed in their presence within their jurisdiction, they may engage in:
“Fresh and continuous pursuit”
What is the requisition of officers mean?
No written agreement necessary (unlike mutual aid) This authority is granted to the OIC in each community
What is transferred authority?
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.
If de-escalation fails, or is not feasible officers, may use this in order to affect a lawful arrest
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
A warrantless arrest is authorized in public, even if there’s time for this
To obtain a warrant
What is needed to arrest in a private home? (3)
Warrant
Consent
Exigent circumstances
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:
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)