Chapter 8 Flashcards

1
Q

What is the jurisdiction of Transit Police?

A

All MBTA property and within all the other 175 cities and towns they serve or contain MBTA facilities

This includes areas directly related to the operation of the Massachusetts Bay Transportation Authority.

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2
Q

What authority do College and University police have regarding arrests?

A

Can make arrests for ANY crime on property owned, used, or occupied by their institution

This includes public ways that connect campus facilities.

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3
Q

Can Public Campus Police issue CMVI’s?

A

Yes, they can issue CMVI’s; non-public campus police cannot

CMVI stands for Civil Motor Vehicle Infractions.

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4
Q

What is the extent of campus police authority outside campus?

A

Can extend their authority to areas surrounding campus for incidents involving students, staff, or others connected to the institution

This allows them to respond to incidents that may affect the campus community.

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5
Q

Can Deputy Sheriffs practice without certification?

A

No, they can only practice if certified by POST

POST stands for Peace Officer Standards and Training.

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6
Q

Where can arrests be made for warrants in the commonwealth?

A

Arrests can be made anywhere in the commonwealth for warrants

This includes the authority to enforce warrants statewide.

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7
Q

Can campus police execute arrest warrants off-campus?

A

No, campus police cannot execute arrest warrants off campus unless it involves a crime on campus or someone connected to it

This limitation ensures that their jurisdiction is primarily focused on campus-related incidents.

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8
Q

CL- violation of RO involving student arrested down the street by campus police

A

Good

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9
Q

What can officers rely on to decide the extent of their jurisdiction?

A

Visible boundary markers

Officers can use physical markers to define their operational boundaries.

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10
Q

Can officers go outside their jurisdiction to investigate?

A

Yes, as long as they don’t detain, search, or arrest a suspect

This is permissible for investigative purposes.

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11
Q

What is an example of a valid action by Boston police regarding jurisdiction?

A

Boston police waiting until a car goes back into Boston to stop and arrest

This action was deemed acceptable as it occurred within jurisdiction.

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12
Q

What is an example of an invalid action by officers outside their jurisdiction?

A

Officers searching a car in Chicopee after a drug arrest in Springfield

This action was not valid as Chicopee police should have been contacted.

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13
Q

What authority do any officers have for making arrests in Massachusetts?

A

Citizens Arrest Authority for felonies

Officers can arrest anyone in MA for a felony if they have probable cause.

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14
Q

Can Methuen officers make an arrest outside their jurisdiction?

A

Yes, if they observe a felony in progress

For example, an arrest made in Lawrence for a drug deal observed in Methuen.

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15
Q

What is allowed under Fresh Pursuit of a Felon in Massachusetts?

A

Continuing in Fresh Pursuit into a bordering state

Officers may pursue a felon who has committed a felony in MA into another state.

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16
Q

Where do you bring someone when you arrest someone outside of MA in fresh pursuit of a felony into their state

A

Closest court to arrest in that state doesn’t matter where arrested

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17
Q

NH trooper sees a car weaving back and forth while
Going into Ma, he pulls car over with lights and sirens into MA then calls Salsbury police who arrest for OUI

A

Good

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18
Q

What is the best way to avoid challenges to jurisdiction?

A

A mutual aid contract

A mutual aid contract helps establish clear protocols for law enforcement cooperation across jurisdictions.

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19
Q

What does ‘fresh pursuit’ mean in law enforcement?

A

To follow someone suspected of an offense

Fresh pursuit allows an officer to continue chasing a suspect into another jurisdiction under certain conditions.

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20
Q

What is required to continue in fresh pursuit?

A

Reasonable suspicion of an arrestable offense

Reasonable suspicion is a lower standard than probable cause, allowing officers to act on their observations.

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21
Q

True or False: An officer can continue a fresh pursuit if they have probable cause.

A

True

Probable cause is a stronger standard than reasonable suspicion but is not a requirement for initiating fresh pursuit.

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22
Q

Whitman officer sees car swerving in the road while in bridgewater, car goes into whitman then to Hanson, Officer stops car

A

Good- RS OUI
## Footnote

An officer’s observations of erratic driving can justify a stop and potential arrest.

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23
Q

Fill in the blank: An outstanding arrest warrant is considered _______ of a crime for fresh pursuit.

A

reasonable suspicion

An outstanding warrant provides sufficient grounds for an officer to initiate fresh pursuit.

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24
Q

What is a scenario that would NOT justify fresh pursuit?

A

Driving through a red light without suspicion of OUI

In this case, the officer lacked reasonable suspicion to pursue further.

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25
Q

Orleans Officer sees cad traveling at high speed crossing yellow and fog lines in orleans, pulls him over and stop ends in Brewster

A

Good RS of OUI
## Footnote

This scenario illustrates reasonable suspicion based on observed traffic violations.

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26
Q

Four reasons to go after someone outside of your jurisdictions for misdemeanors

A

Mutual aid
Fresh pursuit
Requisition of officers
Transferred authority

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27
Q

Framingham officer orders car to stop and they flee, another framingham officer follows them
Into another jurisdiction

A

Good - fresh pursuit

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28
Q

Do you need a written agreement for requisition of officers (OIC to OIC)

A

No

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29
Q

Transferred authority request must be based on

A

Breach of the peace

30
Q

Quincy officer is in Milton and sees car driving erratically, calls milton who says to stop car, milton arrives and arrests

A

Good

31
Q

Vermont trooper gets call about erratic operator entering MA, he calls MA but no answer so he enters MA and finds cad then stops them, troopers arrive and arrest for OUI

A

No good - no transferred authority and not a felony

32
Q

Can an officer outside their jurisdiction detain a driver who was involved in an accident pending police arrival

A

Yes

33
Q

Out of town cops have no RS to pull over an erratic driver, they do it anyways - one exception

A

Inevitable discovery that the local police would have found the guy moments later

34
Q

Outside offenders in your jurisdiction can you detain them

A

Yes based on RS

35
Q

Reasons to arrest outside offenders in your jurisdiction

A

Warrants
Felony’s
Misdemeanor with right of arrest outside of juris

36
Q

If you don’t have right of arrest what should you do

A

Officers from jurisdiction should file complaint for the charges

37
Q

Can you arrest someone for a misdemeanor that occurred outside your jurisdiction because another cop requested it

A

No

38
Q

What are the exemptions

A

Arrest by statute

Ongoing BOP

39
Q

Offender outside jurisdiction exemptions

A

Violation of 209a, 209, 208c, 209c, child support order, paternity proceedings

Domestic AB or assault

40
Q

Is violation of an HPO arrestable when person is wanted from outside jurisdiction

A

No

41
Q

Is a courtesy booking required

A

No not even recommended

42
Q

When you have PC and the person is in public do you have to get a warrant if you have time

A

No

43
Q

PC to arrest someone with time to get a warrant but have a ruse to get them out of their hotel them
You arrest

A

Good

44
Q

Should you arrest at the court house

A

No

45
Q

Three reasons to enter a private home

A

Warrant
Consent
Exigency

46
Q

Common area and hallways of a large multi unit dwelling - public or no

A

Public

47
Q

Homeless shelter open dorm, Public or no

A

Public

48
Q

Do overnight guests have an expectation of privacy in the home

A

Yes but visitors do not

49
Q

What do you need to enter someone’s home on an out of state warrant

A

MA arrest warrant, exigency, consent

Or

Arrest person in public

50
Q

What’s the best practice when a person is at the threshold and you have PC to arrest

A

Get a warrant

51
Q

What level of knowledge do you need before entering home for arrest warrant

A

Reasonable suspicion

52
Q

CL- arrive at a home at 930am on a workday and ask if the person is home, girl is nervous when asked and hear movement

A

No
Good

53
Q

What alone provides a RS that a person is home

A

Early hour entry - 0545- 6am

54
Q

CL- manager tells you his tenant is a wanted man, the door is cracked to the apartment and you see a male in there, enter and not the guy but see drugs in plain view

A

Good

55
Q

Police are looking for jimmy
To arrest on PC, they enter murphys house with RS that he is home to get
Him on a warrant, find both inside and arrest

A

Good

56
Q

If you arrest a person outside their
Home on a warrant should you still enter

A

No unless getting them a coat or keys or something

57
Q

Accused in another’s home - what do you need to enter for an overnight guest in another’s home

A

Warrant for guest and SW for home for the person

58
Q

If you don’t get the SW can the fugitive challenge the arrest

A

No, only the homeowner

59
Q

Consent CL- believing Murphy is at his girlfriends house the police ask her
For consent to enter
She stated “idk is Murphy here” then puts finger on lips and backs away

A

Good enter implied consent

60
Q

Exigency - two arrest warrants for murder, defendant at friends house, arrest one on car stop out front
Then enter friends house to get the other

A

Good- exigency that other
Person would flee

61
Q

What is a protective sweep

A

A QUICK check for any place a person may be hiding

62
Q

Area for automatic sweep

A

The immediate adjoining areas

63
Q

Beyond the immediate adjoining area what do you need

A

RS of danger

64
Q

Factors to consider for RS of danger protective sweep

A

Nature of crime and history

Location

Resistance or cooperation at arrest

Presence of other individuals or RS of their presence

65
Q

How long can a protective sweep go on for

A

As long as there is potential danger

66
Q

Man calls 911 saying he’s in a closet with girlfriend held kidnapped by 4 armed men, entry is made and they find 4 men and victims, protective sweep allowed?

A

Yes for more suspects and victims

67
Q

What do you need to do post sweep if you see evidence or want to search

A

Secure and get a warrant

68
Q

Two reasons you wouldn’t do protective sweep

A

Suspect is clearly alone

Suspect cooperates

69
Q

Shooting suspect is arrested at the door on a warrant, ask if anyone is home and he hesitates and says no - sweep?

A

No already arrested at the door, no risk

70
Q

Hot pursuit into a garage to arrest for drugs, person yells “Charlie is that you” from another camper, police enter and find more drugs

A

No good no show of danger