CON LAW

Question 1

What is an Arrest Warrant?

Answer 1

Command police to take the named into custody and bring them before the court

Validity must be checked immediately prior to arrest as per BPD special order 95-31.

Question 2

What is a Fugitive Warrant?

Answer 2

Can warrantless arrest a fugitive in a public place if the charge from the other state is for more than a year

Can only arrest a fugitive with an NCIC warrant after verifying extradition.

Question 3

What are the three components of an Arrest according to ICC?

Answer 3

• Intent
• Communication
• Control

Question 4

What are the requirements for a Lawful Arrest?

Answer 4

• Probable Cause
• Arrestable Offense
• Jurisdiction

Question 5

What is Jurisdiction in the context of police powers?

Answer 5

A geographical area where the department has responsibility and where officers can exercise police powers

Exception includes fresh and continuous pursuit.

Question 6

What is the distance officers can pursue a suspect into Brookline and Newton?

Answer 6

500 yards

Question 7

How long does police have to make a Phone Call after ARRIVAL at the station?

Answer 7

Within 1 hour

Question 8

True or False: A suspect has an expectation of privacy during the phone call made after arrest.

Answer 8

False

What they say is admissible in court.

Question 9

Probable cause hearing within 24 hours of arrest

Answer 9

Jenkins Hearing

Question 10

What is the Aguilar-Spinelli test?

Answer 10

A two prong test consisting of:
* Reliability
* Basis of Knowledge (must be personal knowledge, not hearsay)

Question 11

What are the categories of Reliable Sources for information?

Answer 11

• Known victim
• Known witness
• Other Police Officer
• Declaration against penal interest
• Good track record

Question 12

What are the exceptions to warrantless arrest in a private dwelling?

Answer 12

• Fresh & continuous pursuit
• Exigent Circumstances

Question 13

What are the three components of Plainview doctrine?

Answer 13

• Lawful Presence
• Inadvertence
• Seizable Evidence

Question 14

What is the purpose of a Search Incident to Lawful Arrest?

Answer 14

• Weapons
• Avoid arrest or effect escape
• Evidence of the crime for which the arrest is made

Question 15

What is the purpose of a Booking Search/Inventory?

Answer 15

• Protect owner’s property
• Prevent false claims
• Prevent suicide
• Aid in identification
• Community caretaker function