Ch. 8 Arrest Jurisdiction & Execution Flashcards
Massachusetts police officers must be certified by
Police officer standards and training commission POST
Statue requiring police to be certified by post
6E, 1 4
Officers in what agencies must be certified by post (6)
Municipal police
State police
Environmental police
Transit police
College and university police
Deputy sheriffs
41,98 says that municipal police officers have full law enforcement authority within
Borders of the city or town at appointed them
22C, 10 since state police have full law-enforcement authority within
Borders of the Commonwealth
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
Natural resources and wildlife
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.
Massachusetts Bay, transportation authority (MBTA)
175
MBTA
For the most part campus officers are appointed as special state police officers under (chapter/section)
22C/63
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
Any
Can campus officers make arrests on public ways that connect to campus facilities?
Yes
Can public college and university police officers issue citations for motor vehicle infractions
Yes
Can private college and university police officers issue citations for vehicle infractions
No
Can private university police officers enforce vehicle crimes such as operating to endanger and OUI
Yes. Public and private officers can
Authority of campus officers extends to the area surrounding their campus when they are dealing with an incident involving _____, _____ or _____connected to their institution
Students
Staff
Or other people
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
Yes
The university of Massachusetts drives its powers under
75/32A
Deputy sheriffs acknowledge that their primary function is the care and custody of
Pre-trial detainees and post conviction inmates, along with the service of civil process
Sheriffs and their deputies may exercise law-enforcement authority within their counties if
Certified by POST
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”
Probable cause
Can officers be held liable if they’re acting in good faith on any warrant in WMS
No
What is the one exception to statewide enforcement of arrest warrants
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
Within their jurisdiction officers making conduct warrantless arrest for ________ for which they have a right of arrest
Felonies and misdemeanors
Officers may rely on ________ to decide the extent of the jurisdiction
Visible boundary markers
Can officers go outside their jurisdiction to investigate as long as they don’t detain search or rest a suspect?
Yes
Any citizen has the legal authority anywhere in the commonwealth to arrest a
Felon who might otherwise escape
When may a Massachusetts police officer continue into a border state to make an arrest
In fresh pursuit of someone who has committed a felony
Is a stop that ends outside an officers jurisdiction/state, when made with lights and siren alone, permissible?
Yes. Stay in cruiser and call local pd to handle
In order to stop and misdemeanor suspect outside their jurisdiction officers must have
Legal authority
The four major reasons an Officer would have legal authority to stop a misdemeanor suspect outside their jurisdiction
Mutual aid
Fresh pursuit
Requisition
Transferred authority
What is the best way to avoid challenges to Police jurisdiction?
Mutual aid agreements 40/8G
Are bordering states eligible for mutual aid agreements
Yes
Mutual agreements are especially important for ____ departments
Small
Part of the mutual aid requirement is that you notify the host community _______
As soon as practically possible
When justifying police action under a mutual aid agreement in court, what should you do?
Bring the document to court and testify how it was activated
40/4J is for
Statewide mutual aid agreement
Over 300 municipalities
Under 40/4J any party to the agreement may send (3) in response to another member request
Police, fire, medical services
Who may initiate a request for mutual aid for any public safety incident?
Chief or OIC
Are police officers allowed to self activate under 40/4J the statewide mutual agreement
No
Are counties and law-enforcement council permissible parties to the statewide mutual agreement
Yes
The Sciacca stop was justified under
Mutual aid agreement
What agencies are not eligible for membership in the statewide mutual unit?
MBTA, universities and colleges
Can school districts and sewer department be members of the statewide muitual aid agreement
Yes
Are training exercises covered as public safety incidents for the statewide mutual agreement
Yes
What police powers do responding officers have when responding to the statewide mutual agreement
Same authority as if acting in their home jurisdiction
What jurisdiction defends the sending jurisdiction against claims by third parties, including while in transit to or from the incident
The requesting jurisdiction
Salary and equipment costs are paid by the ______ jurisdiction
Sendint
When would the requesting jurisdiction be responsible for reimbursement?
If the requesting jurisdiction receives federal or state aid
(Sending jurisdiction keeps records of its expenses)
Can jurisdictions agree to additional terms for particular incidents
Yes
Officers may engage in fresh and continuous pursuit to stop an offender for any
Arrestable offense committed in their presence within their jurisdiction
Fresh pursuit chapter and section
41/98A
Can pursuit consist of following without lights or siren
Yes
The pursuit may begin in another jurisdiction as long as a suspect travels through the officers homes jurisdiction before____
The stop
Do officers need probable cause when they leave the jurisdiction?
No, but they must have reasonable suspicion of an arrestable offense
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
The officer that makes the stop
Does an outstanding warrant constitute an arrestable offense for fresh pursuit
Yes
Chapter section for requisition of officers
41/99
Is a written agreement needed between departments in order to use requisition of officers
No
Who has the authority to grant requesition of officers?
OIC in both towns
If a requisition of officers is granted, when do the responding officers have full police authority?
When they arrive in requesting jurisdiction
Chapter and section for transferred authority
268/24
Transferred authority applies to a _______ but is also allowed for civil infractions that ______
Breach of peace
Threaten public safety
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
The officer from that jurisdiction who gave permission for neighboring officer to stop the vehicle
Does an officer have to believe the arrestable offense occurred at the time of the stop or is it based on the facts
Based on the facts
As a last resort, a lack of jurisdiction may be overcome by the _______ rule
Inevitable discovery
Officers may detain a suspect in their community, whose original crime occurred in another community, if they have
Reasonable suspicion
When an officer detains a suspect whose crime occurred in another municipality, what may the officers do?
Identify suspect
Develop probable cause for the original crime
Check for warrants
When they have detained an offender from another community officers should determine whether they may arrest him based on (3)
warrant
Felony
Misdemeanor for which there is a right of arrest
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
No
The two exceptions that allow officers in their own jurisdiction to make a warrantless arrest for a misdemeanor that occurred outside their jurisdiction
Statute permits
Misdemeanor involved a breach of the peace and is continuing in the officers presence
Warrantless arrest may be authorized under the terms of a _______between municipalities
Mutual aid agreement
Warrantless arrest is authorized by 276/28 for certain misdemeanor domestic violence crimes, including
Violation of a protective order anywhere in Massachusetts (209A, 208, 209, 209C)
Domestic assault or A&B anywhere in MA
Without statutory authority, what will render an arrest improper for a misdemeanor that occurred in another jurisdiction
Any clear break in time or place
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
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.
If warrantless arrest is not permitted for a misdemeanor that occurred in another jurisdiction, what is the best course of action?
Officers in original jurisdiction should apply for a criminal complaint
______ is when an offender is booked by the jurisdiction making the arrest and then transferred to the original department
Courtesy booking
Recognized but not required
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)
Examined for injuries and booked
Re-booked, bail, court proceedings
When may officers use reasonable force to affect a lawful arrest
If de-escalation fails or is not feasible
Chapter and section for proper use of force
6E/14
Is warrantless arrest of a hotel room guest proper when police use a telephone call to induce them to leave their room
Yes
Are common areas and hallways of multi unit dwellings considered public areas in terms of arrest rights
Yes
Did a defendant have an expectation of privacy when arrested at a homeless shelter without a warrant
No
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
No, they were just visitors not overnight guests
Following an arrest inside a building officers may sweep the
Immediately adjoining area
During a protective sweep, to go beyond the immediate area officers need
Reasonable suspicion of danger
