Arrest Jurisdiction and Execution

Question 1

Police Officers Must be certified by the :

Answer 1

Peace Officers Standards and Training Commission
POST

Question 2

Officers must have a ______ ________ to conduct a warrantless search outside your police jurisdiction

Answer 2

legal basis

Question 3

True or False. The Citizens arrest rule also applies to Police Officers

Answer 3

True
(Comm V Timmy T: Methuen Officer watched a heroin deal occur in Lawrence, Since distributing Class A heroin is a felony officer had jurisdiction to make a citizen arrest in Lawrence even though he was a methuen officer)

Question 4

Any citizen has ______ ______ anywhere in the Commonwealth to arrest a felon who might escape

Answer 4

legal authority

Question 5

A Massachusetts Police Officer may leave the Commonwealth in fresh and continuous Pursuit under 276/10A-D for a ______

Answer 5

Felony

Question 6

Officers need ______ _______ to believe that a motorist has committed an arrestable offense before they cross their ,municipal boundary in fresh and continued pursuit

Answer 6

Reasonable suspicion

Question 7

True or False. On routine patrol an officer learned from a radio check that the operator of a suspiciously operating car was the subject of an arrest warrant for the commission of a felony. The officer followed the car outside his jurisdiction and stopped it. He officers pursuit of the car into another jurisdiction was improper ?

Answer 7

False

Question 8

Mutual aid is a _______ _______ between municipalities, which may even cover towns in a border state

Answer 8

Written contract
( A mutual aid request or response does not necessarily have to be OIC activated)

Question 9

Requisition of Officers is a ________ that allows the OIC in one community to request help from the OIC in another town. Officers who arrive help have full police powers,

Answer 9

Statue
(Mutual aid depends on a contract, requisition depends on the OIC)

Question 10

True or false. Once they have a reasonable suspicion, officers may detain any suspect in their community even one whose original crime occurred in another municipality

Answer 10

True

Question 11

The general rule is that officers may not make a warrantless arrest for a misdemeanor that occurred outside their jurisdiction. What are the two exceptions to the rule ?

Answer 11

1) A statue permits arrest outside the jurisdiction where the misdemeanor originally occurred

2) the misdemeanor involved a breach of the peace and was continuing in the officers presence

Question 12

True or False. In Massachusetts a person has no right to resist an unlawful arrest that is not being accomplished with excessive force

Answer 12

True

Question 13

Officers have knowledge of a misdemeanor warrant for Richard, When seen in the public area of a courthouse as he waits in line to go through security screening. He is there for a criminal trial on unrelated charges, Should you arrest him on the spot ?

Answer 13

No
(Should coordinate with prosecutor so you do not affect defendants current case )

Question 14

Under the Fourth Amendment and Article 14, police may enter a home with a valid arrest warrant if they :

Answer 14

Have a reasonable suspicion that the suspect is present at the time of the entry

Question 15

True or false.If police believe a suspect lives in a particular home, but do not have enough information linking him to that address in order to get a warrant, they may still legally enter the house if another inhabitant- whose residency they CAN prove- has an outstanding arrest warrant

Answer 15

True

Question 15

Two exceptions in Massachusetts to knock and announce

Answer 15

1) When officers engage in a trick that causes someone voluntarily open the door in the suspects home

2) When the situation requires that officers dispense with the knock and announce rule because they fear violence

Question 15

True or false. Without consent or exigent circumstances, police may still enter a private backyard to effect an arrest without a warrant based on probable cause.

Answer 15

False

Question 16

In order for police to enter a third party’s home and arrest an overnight guest, the police must have two thing ……

Answer 16

1) Exigent circumstance, consent or a search warrant to enter the home

2) An arrest warrant for the fugitive

Question 17

Police supervisors may order an officer to ______

Answer 17

Arrest
( as long as there is PC and right of arrest. If officer fails to follow order he is subject to discipline )

Question 18

Oral arrest warrant is ________

Answer 18

Permissible
( as long as magistrate audio records or writes down officers statement of PC to get warrant )

Question 19

A summons for court must be served NLT ____hours before defendant is due in court

Answer 19

24

Question 20

Inevitability exception justifies ________________ mv stop

Answer 20

Extraterritorial
(Norton Officer following an ambulance in another town almost
Was hit. He radioed in and pulled over vehicle with other town cops
Close by. SJC said even though nothing gave him jurisdiction the local police would have stopped defendant anyway)

Question 21

Payton rule is

Answer 21

Need an arrest warrant for an arrest in a home

Question 22

Arrest warrant still required for a defendant in his ________

Answer 22

Curtilage
(Outside on back deck near sliding glass door to his house )