Charging Offenders with Crimes Flashcards
A Massachusetts Police Officer may seek an arrest warrant from ……
A court having jurisdiction wherein either the crime was committed or the arrestee may be found
276/23A establishes the ________ ______ _____ which is accessible to law enforcement through a computer network known as the ______ _____ _____ ______
Warrant Management System
Criminal Justice Information System
True or False. A printout of the electronic warrant shall constitute a true copy of the warrant
True
True or false. Officers need not double check WMS before arresting on a warrant because it is presumed the warrant remains active
False
True or False. No law enforcement officer who, in the performance of his duties, relies upon the warrant appearing in the WMS shall be liable in any criminal prosecution or civil action alleging false arrest, false imprisonment or malicious prosecution
True
True or false. An Officer who has knowledge of an arrest warrant for an individual may arrest that person anywhere in Massachusetts, even if the officer is outside his or her normal jurisdiction
True
A Police officer does not have to have an arrest warrant on his person in order to make a valid arrest if, at minimum, the police has _____ _______ of a warrant
Actual knowledge
An arrest warrant may be executed in any place within the Commonwealth, regardless of the _______ that issued it
Court
Once the arrest warrant exist, officers have ______ authority to take the suspect into custody regardless of the crime for which was obtained
Immediate
An arrest occurs when a person is taken into custody and significantly deprived of his freedom. An Officers intent to arrest may be expressed ……
verbally or initiated nonverbally
Just because officers have a right of arrest does not mean that they should arrest. What factors should an officer consider in deciding whether to arrest a subject (5)
1)Crime Severity
2)Offenders criminal history
3)Victims vulnerability/loss
4)Offenders positive response (restitution)
5)Community/department enforcement priorities
True or false. Police may arrest a juvenile to teach him or her a lesson in proper behavior
False
True or False. The evaluation or treatment of a suspect for a mental health issue related to a criminal incident nullifies probable cause to arrest. Evaluation and treatment is legally preferred rather then arrest
False
(This is a common misconception. Arrest then have the court evaluate and treat or if sensible,opt for evaluation and treatment and apply for a criminal complaint. Mental health issue do not affect the existence of probable cause)
For a legitimate reason, an arrest may be delayed after probable cause is first formed. 3 reasons to delay
1) Investigative Judgement (The police wish to build a stronger case or catch the suspect committing a more serious crime)
2) Discretion at scene
3)Release and recapture ( Officers have a right of recapture when a preciously detained or arrested subject fails to abide by the condition of the release)
Once an arrest is made, who should typically decide whether to release the arrestee ?
The magistrate
Name the three justifications that allow an officer to make a warrantless arrest for a misdemeanor
1) statue past
2) Statue present
3) Breach of peace in presence
A breach of the peace is a violation of public order that disturbs the public peace or tranquility, A breach of the peace may also be _______
Anticipated
Warrantless arrest authority exists for city ________ or town __________ under 272 59
Ordinances
bylaws
Warrantless arrest is appropriate if a person engages in one of the following activities in violation of an underlying law (ordinaces/ Bylaws) (3)
1) Remain in street in willful violation
2)Public drinking or possession
3)Profanity in public
While 276/20B does not define the term”charged” cases from Massachusetts and other states require, From the original jurisdiction
1) Arrest Warrant
2) Indictment or criminal complaint
3) written information from a law enforcement source that the person is wanted for a crime
Under 276/20A any ______ _____ may file and affidavit and appear before a Massachusetts judge alleging that a person now in the commonwealth has committed a crime, escape or probation or parole violation out of state. The judge may then issue an arrest warrant, which may be executed by a Massachusetts officer
Credible Person
The purpose of this legal procedure is to enable each state to bring offenders to trial as swiftly as possible in the state where the alleged offense was committed _______ ______
Interstate rendition
Who issues a Governors Warrant
The Asylum State
The person who posts the bail is called the _______ while the _______ is the person who has been arrested and released on bail
Surety
Principle
The surety and his agents may only use _____ ____ to apprehend and deliver a principle to court. The surety must warn the principle before using ______ _____
reasonable force
Under 218/35A a person named in a misdemeanor complaint, who is not under arrest is entitled to _____ ___ ______
Show cause hearing
The only exceptions to the show cause hearing rule (3)
1)Imminent threat of injury
2)Likely to commit a crime
3)flight risk
True or false. A clerk magistrate must conduct a show cause hearing prior to acting on application for the issuance of a felony complaint, provide that the officer who filed it specifically requests a hearing
True
True or false. To protect against bias a criminal complaint that is brought against a police officer must be heard in a different jurisdiction than where the officer works
false
