Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Criminal Procedure > Ch. 8 Arrest Jurisdiction & Execution > Flashcards

Ch. 8 Arrest Jurisdiction & Execution Flashcards

1
Q

Massachusetts police officers must be certified by

A

Police officer standards and training commission POST

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

Statue requiring police to be certified by post

A

6E, 1 4

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

Officers in what agencies must be certified by post (6)

A

Municipal police
State police
Environmental police
Transit police
College and university police
Deputy sheriffs

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

41,98 says that municipal police officers have full law enforcement authority within

A

Borders of the city or town at appointed them

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

22C, 10 since state police have full law-enforcement authority within

A

Borders of the Commonwealth

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

21A/10A Environmental police officers have the same enforcement authority as state troopers, but their specialized duties are more focused on the laws and regulations that protect

A

Natural resources and wildlife

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

Chapter 664 of the Acts of 1968 says that Transit officers are authorized to enforce the law on any ______ property. They also have full law-enforcement authority within the _____ cities and towns served by or containing _____facilities.

A

Massachusetts Bay, transportation authority (MBTA)
175
MBTA

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

For the most part campus officers are appointed as special state police officers under (chapter/section)

A

22C/63

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

Campus officers appointed as special state police officers are empowered to make ____ arrest for crime committed on property owned, used, or occupied by the institution

A

Any

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

Can campus officers make arrests on public ways that connect to campus facilities?

A

Yes

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

Can public college and university police officers issue citations for motor vehicle infractions

A

Yes

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

Can private college and university police officers issue citations for vehicle infractions

A

No

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

Can private university police officers enforce vehicle crimes such as operating to endanger and OUI

A

Yes. Public and private officers can

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

Authority of campus officers extends to the area surrounding their campus when they are dealing with an incident involving _____, _____ or _____connected to their institution

A

Students
Staff
Or other people

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

Could a Boston University police officer arrest an individual on a street near campus because he had recently violated a restraining order obtained by a student

A

Yes

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

The university of Massachusetts drives its powers under

A

75/32A

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Deputy sheriffs acknowledge that their primary function is the care and custody of

A

Pre-trial detainees and post conviction inmates, along with the service of civil process

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Sheriffs and their deputies may exercise law-enforcement authority within their counties if

A

Certified by POST

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

A arrest warrant may be served anywhere in the Commonwealth if _____ exist that the warrant is an effect and the suspect is the “wanted person”

A

Probable cause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Can officers be held liable if they’re acting in good faith on any warrant in WMS

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is the one exception to statewide enforcement of arrest warrants

A

Campus police officers may not execute a 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
22
Q

Within their jurisdiction officers making conduct warrantless arrest for ________ for which they have a right of arrest

A

Felonies and misdemeanors

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Officers may rely on ________ to decide the extent of the jurisdiction

A

Visible boundary markers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Can officers go outside their jurisdiction to investigate as long as they don’t detain search or rest a suspect?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Any citizen has the legal authority anywhere in the commonwealth to arrest a

A

Felon who might otherwise escape

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

When may a Massachusetts police officer continue into a border state to make an arrest

A

In fresh pursuit of someone who has committed a felony

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Is a stop that ends outside an officers jurisdiction/state, when made with lights and siren alone, permissible?

A

Yes. Stay in cruiser and call local pd to handle

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

In order to stop and misdemeanor suspect outside their jurisdiction officers must have

A

Legal authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

The four major reasons an Officer would have legal authority to stop a misdemeanor suspect outside their jurisdiction

A

Mutual aid
Fresh pursuit
Requisition
Transferred authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

What is the best way to avoid challenges to Police jurisdiction?

A

Mutual aid agreements 40/8G

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Are bordering states eligible for mutual aid agreements

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

Mutual agreements are especially important for ____ departments

A

Small

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Part of the mutual aid requirement is that you notify the host community _______

A

As soon as practically possible

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

When justifying police action under a mutual aid agreement in court, what should you do?

A

Bring the document to court and testify how it was activated

35
Q

40/4J is for

A

Statewide mutual aid agreement
Over 300 municipalities

36
Q

Under 40/4J any party to the agreement may send (3) in response to another member request

A

Police, fire, medical services

37
Q

Who may initiate a request for mutual aid for any public safety incident?

A

Chief or OIC

38
Q

Are police officers allowed to self activate under 40/4J the statewide mutual agreement

A

No

39
Q

Are counties and law-enforcement council permissible parties to the statewide mutual agreement

A

Yes

40
Q

The Sciacca stop was justified under

A

Mutual aid agreement

41
Q

What agencies are not eligible for membership in the statewide mutual unit?

A

MBTA, universities and colleges

42
Q

Can school districts and sewer department be members of the statewide muitual aid agreement

A

Yes

43
Q

Are training exercises covered as public safety incidents for the statewide mutual agreement

A

Yes

44
Q

What police powers do responding officers have when responding to the statewide mutual agreement

A

Same authority as if acting in their home jurisdiction

45
Q

What jurisdiction defends the sending jurisdiction against claims by third parties, including while in transit to or from the incident

A

The requesting jurisdiction

46
Q

Salary and equipment costs are paid by the ______ jurisdiction

A

Sendint

47
Q

When would the requesting jurisdiction be responsible for reimbursement?

A

If the requesting jurisdiction receives federal or state aid
(Sending jurisdiction keeps records of its expenses)

48
Q

Can jurisdictions agree to additional terms for particular incidents

A

Yes

49
Q

Officers may engage in fresh and continuous pursuit to stop an offender for any

A

Arrestable offense committed in their presence within their jurisdiction

50
Q

Fresh pursuit chapter and section

A

41/98A

51
Q

Can pursuit consist of following without lights or siren

A

Yes

52
Q

The pursuit may begin in another jurisdiction as long as a suspect travels through the officers homes jurisdiction before____

A

The stop

53
Q

Do officers need probable cause when they leave the jurisdiction?

A

No, but they must have reasonable suspicion of an arrestable offense

54
Q

If conducting a motor vehicle stop for an arrestsble offense, and the vehicle comes to a stop in a neighboring town, who is responsible for the arrest

A

The officer that makes the stop

55
Q

Does an outstanding warrant constitute an arrestable offense for fresh pursuit

A

Yes

56
Q

Chapter section for requisition of officers

A

41/99

57
Q

Is a written agreement needed between departments in order to use requisition of officers

A

No

58
Q

Who has the authority to grant requesition of officers?

A

OIC in both towns

59
Q

If a requisition of officers is granted, when do the responding officers have full police authority?

A

When they arrive in requesting jurisdiction

60
Q

Chapter and section for transferred authority

A

268/24

61
Q

Transferred authority applies to a _______ but is also allowed for civil infractions that ______

A

Breach of peace
Threaten public safety

62
Q

If an Officer is in another town and observes a vehicle engaging in hazardous driving that amounts to a breach of the peace, he can radio an officer in that jurisdiction and get permission to stop the vehicle. Once he stop the vehicle, who should make the arrest

A

The officer from that jurisdiction who gave permission for neighboring officer to stop the vehicle

63
Q

Does an officer have to believe the arrestable offense occurred at the time of the stop or is it based on the facts

A

Based on the facts

64
Q

As a last resort, a lack of jurisdiction may be overcome by the _______ rule

A

Inevitable discovery

65
Q

Officers may detain a suspect in their community, whose original crime occurred in another community, if they have

A

Reasonable suspicion

66
Q

When an officer detains a suspect whose crime occurred in another municipality, what may the officers do?

A

Identify suspect
Develop probable cause for the original crime
Check for warrants

67
Q

When they have detained an offender from another community officers should determine whether they may arrest him based on (3)

A

warrant
Felony
Misdemeanor for which there is a right of arrest

68
Q

In general can officers in their own jurisdiction, make a warrantless arrest for misdemeanor that occurred outside the jurisdiction, even if the original jurisdiction request that they do

A

No

69
Q

The two exceptions that allow officers in their own jurisdiction to make a warrantless arrest for a misdemeanor that occurred outside their jurisdiction

A

Statute permits
Misdemeanor involved a breach of the peace and is continuing in the officers presence

70
Q

Warrantless arrest may be authorized under the terms of a _______between municipalities

A

Mutual aid agreement

71
Q

Warrantless arrest is authorized by 276/28 for certain misdemeanor domestic violence crimes, including

A

Violation of a protective order anywhere in Massachusetts (209A, 208, 209, 209C)
Domestic assault or A&B anywhere in MA

72
Q

Without statutory authority, what will render an arrest improper for a misdemeanor that occurred in another jurisdiction

A

Any clear break in time or place

73
Q

If an officer makes an arrest for misdemeanor that began in another community, but continued into his own community and involved a breach of peace, who should make the arrest/charge

A

Charge the offender in the new jurisdiction and use the officers from the original jurisdiction as witnesses. Otherwise release the offender and apply for a complaint.

74
Q

If warrantless arrest is not permitted for a misdemeanor that occurred in another jurisdiction, what is the best course of action?

A

Officers in original jurisdiction should apply for a criminal complaint

75
Q

______ is when an offender is booked by the jurisdiction making the arrest and then transferred to the original department

A

Courtesy booking
Recognized but not required

76
Q

With a courtesy booking what occurs when the offender is brought to first station (2). The offender is then transferred to the original jurisdiction for (3)

A

Examined for injuries and booked
Re-booked, bail, court proceedings

77
Q

When may officers use reasonable force to affect a lawful arrest

A

If de-escalation fails or is not feasible

78
Q

Chapter and section for proper use of force

A

6E/14

79
Q

Is warrantless arrest of a hotel room guest proper when police use a telephone call to induce them to leave their room

A

Yes

80
Q

Are common areas and hallways of multi unit dwellings considered public areas in terms of arrest rights

A

Yes

81
Q

Did a defendant have an expectation of privacy when arrested at a homeless shelter without a warrant

A

No

82
Q

If defendants were present at someone’s home for several hours, did they have an expectation of privacy and expect the police would get warrants for them

A

No, they were just visitors not overnight guests

83
Q

Following an arrest inside a building officers may sweep the

A

Immediately adjoining area

84
Q

During a protective sweep, to go beyond the immediate area officers need

A

Reasonable suspicion of danger

Criminal Procedure (4 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions