Arrest Jurisdiction and Execution Flashcards
Police Officers Must be certified by the :
Peace Officers Standards and Training Commission
POST
Officers must have a ______ ________ to conduct a warrantless search outside your police jurisdiction
legal basis
True or False. The Citizens arrest rule also applies to Police Officers
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)
Any citizen has ______ ______ anywhere in the Commonwealth to arrest a felon who might escape
legal authority
A Massachusetts Police Officer may leave the Commonwealth in fresh and continuous Pursuit under 276/10A-D for a ______
Felony
Officers need ______ _______ to believe that a motorist has committed an arrestable offense before they cross their ,municipal boundary in fresh and continued pursuit
Reasonable suspicion
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 ?
False
Mutual aid is a _______ _______ between municipalities, which may even cover towns in a border state
Written contract
( A mutual aid request or response does not necessarily have to be OIC activated)
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,
Statue
(Mutual aid depends on a contract, requisition depends on the OIC)
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
True
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 ?
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
True or False. In Massachusetts a person has no right to resist an unlawful arrest that is not being accomplished with excessive force
True
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 ?
No
(Should coordinate with prosecutor so you do not affect defendants current case )
Under the Fourth Amendment and Article 14, police may enter a home with a valid arrest warrant if they :
Have a reasonable suspicion that the suspect is present at the time of the entry
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
True
Two exceptions in Massachusetts to knock and announce
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
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.
False
In order for police to enter a third party’s home and arrest an overnight guest, the police must have two thing ……
1) Exigent circumstance, consent or a search warrant to enter the home
2) An arrest warrant for the fugitive
Police supervisors may order an officer to ______
Arrest
( as long as there is PC and right of arrest. If officer fails to follow order he is subject to discipline )
Oral arrest warrant is ________
Permissible
( as long as magistrate audio records or writes down officers statement of PC to get warrant )
A summons for court must be served NLT ____hours before defendant is due in court
24
Inevitability exception justifies ________________ mv stop
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)
Payton rule is
Need an arrest warrant for an arrest in a home
Arrest warrant still required for a defendant in his ________
Curtilage
(Outside on back deck near sliding glass door to his house )
