CON LVL 2

Question 1

1st Amendment

Answer 1

Speech, Press, Assembly, Religion

Question 2

What speeches are not protected?

Answer 2

Fighting Words
Speech Plus

Question 3

Unlawful Assembly

Answer 3

i. 5 or more people armed
ii. 10 or more people armed or not
iii. AND unlawfully, riotously, or tumultuously assembled

Question 4

How can Assembly be regulated (and only if strong rational reasons exist)?

Answer 4

i. Time
ii. Place
iii. Manner

Question 5

Disorderly Person

Answer 5

a. Persons who cause public inconvenience, annoyance or alarm
b. Must occur in officer’s presence AND on a public way or other public place
c. Engage in fighting/threatening behavior, Hazardous/physically offensive, No
legitimate purpose
i. Example: protesters blocking the street

ROA: (Misd. In Presence and Breach of Peace)

Question 6

Resisting Arrest

Answer 6

knowingly prevent or attempt to prevent an officer
from effecting an arrest (can also be orally vs just physically resisting)

ROA: (Misd. In Presence):

Question 7

level of proof less than probable cause but more than a hunch.

Answer 7

Reasonable Suspicion

Question 8

That level of proof that is more than reasonable suspicion, yet less than proof beyond a reasonable doubt.

Answer 8

Probable Cause

Question 9

Specific and articulable facts, which when taken together would convince a person of reasonable caution to believe that a person has committed, is committing, or is about to commit a crime

Answer 9

UNLAWFUL DESIGN

Question 10

That level of proof, based on facts
sufficiently strong in themselves, to cause a
reasonable person to believe seizable
evidence is located in a particular place

Answer 10

PROBABLE CAUSE TO SEARCH

Question 11

That level of proof, based on facts
sufficiently strong in themselves, to cause a
reasonable and prudent person to believe
that the accused committed the crime with
which he is charged

Answer 11

PROBABLE CAUSE TO ARREST

Question 12

The patting down of the outer clothing of
a person, an area under his control, to
determine by the sense of touch, the
presence of a weapon.

Answer 12

Frisk

Question 13

When police take possession of property,
make an arrest, or restrict a person’s ability
to move freely

Answer 13

Seizure

Question 14

Police officers DO NOT need any legal justification to approach,
talk with, or ask questions of any citizen in a public place, so long as the citizen is willing to listen and voluntarily answer

Answer 14

Voluntary Encounter

Question 15

also known as “Investigative Stop”
a. Brief detention, reasonable suspicion, unlawful design

Answer 15

Threshold Inquiry

Question 16

The patting down of the outer clothing of
a person, an area under his control, to
determine by the sense of touch, the
presence of a weapon.

Answer 16

Frisk

Question 17

True or false?

During voluntary encounters, police cannot compel cooperation or seize a person without legal justification

Answer 17

True

Question 18

What amount of time is permissible for a threshold inquiry?

Answer 18

Reasonable amount of time

Question 19

The stop/SEIZURE starts when the pursuit begins give examples

Answer 19

Signal to submit to authority:
verbal commands
blue lights
physical touch,
blocking someone’s way,
# of officers,
taking ID,
hand on gun,
use of
authoritative tone,
is the person free to leave?

Question 20

What is the purpose of a frisk?

Answer 20

To find weapons and firearms.

Question 21

True or false?
A FRISK MAY NEVER BE CONDUCTED TO FIND EVIDENCE.

Answer 21

True

Question 22

What must you have to conduct a frisk?

Answer 22

Must have reasonable suspicion based on “specific and articulable facts” that a person is armed and dangerous

Question 23

True or false?

Having reasonable suspicion for an investigative stop DOES NOT automatically give police authority to frisk a person.

Answer 23

True

Question 24

Makes any evidence seized by police in an
unreasonable search and seizure inadmissible in court.

Answer 24

Exclusionary Rule

Question 25

If probable cause does not exist at the time of an arrest, the arrest is an illegal one and any associated evidence will be suppressed.

Answer 25

“Fruit of the poisonous tree”

Question 26

true or false Officers may not detain a passenger during a stop based soley on the driver's civil MV infraction

Answer 26

True

Question 27

true or false Officers may routinely request a passenger’s ID

Answer 27

False

Question 28

When may officers detain a passenger & request ID for a legitimate purpose?

Answer 28

i. Pose a safety risk ii. Have committed an infraction (not wearing seatbelt) iii. Involved in criminal conduct

Question 29

K-9

Answer 29

a. Need minimum of RS to request for canine sniff b. Use of firearm sniffing dog requires RS of illegal firearm possession c. K-9 alerts = PC to search

Question 30

most intrusive type of seizure under the 4th Amendment because they involve forcible restraint that deprives a person of liberty and freedom of movement.

Answer 30

Arrest

Question 31

What must you do for arrest warrants?

Answer 31

need to check validity immediately prior to arrest to verify that it is still valid (BPD special order 95-31)

Question 32

need to check that other state/jurisdiction will extradite – if so, you will arrest and then have a separate incident report and court packet because it is a separate charge “Fugitive From Justice”

Answer 32

Fugitive Warrant

Question 33

Arrest: (ICC)

Answer 33

a. Intent b. Communication c. Control

Question 34

Lawful Arrest:

Answer 34

a. Probable Cause b. Arrestable Offense c. Jurisdiction

Question 35

Jurisdiction into Newton & Brookline:

Answer 35

500 yards

Question 36

Motor Vehicle Search Incident to Lawful Arrest

Answer 36

Purpose: weapons, means of escape, evidence of the crime for which the person is being arrested for Scope: area within “grabbing area”, passenger compartment, open/closed container, governed by the size of object NOT the TRUNK, locked items may NOT be opened

Question 37

Motor Vehicle Inventory Search what must you need prior conducting?

Answer 37

lawful custody of MV & written dept. guidelines (BPD SO 5-13)

Question 38

Where can you search during a MV inventory search?

Answer 38

passenger compartment, trunk, open/closed containers, center console, glove box – can open glove box and trunk if have keys

Question 39

Do you need a search warrant for locked containers?

Answer 39

yes

Question 40

Why do we do MV inventory searches?

Answer 40

1. Protect vehicle from risk of property damage if left unattended 2. Minimize claims of theft against police 3. Protect both police and public from dangerous items

Question 41

True or false? Purpose is NOT to find evidence or contraband, but if you find it, evidence can be seized due to PLAIN VIEW

Answer 41

True

Question 42

Motor Vehicle Exception Search

Answer 42

PC & MV on public way Scope and intensity = ENTIRE vehicle, governed by size of object

Question 43

Exit Orders:

Answer 43

a. Officer Safety (remove to frisk) b. Reasonable Suspicion of ANY crime c. To conduct a police function (search, tow, etc.) d. Community Caretaking Function (driver’s well-being, medical emergency)

Question 44

The area around the dwelling that is normally associated with domestic use. (i.e fences, gates etc)

Answer 44

Curtilage

Question 45

When is it an exceptions for search warrants?

Answer 45

Police may conduct searches without a warrant when “no reasonable expectation of privacy” exists. Ex- property discarded, abandoned, or plain view

Question 46

area to be searched

Answer 46

scope

Question 47

Search is governed by the size of the item you are looking for

Answer 47

Intensity

Question 48

How long are search warrants valid for?

Answer 48

7 days

Question 49

Nightime

Answer 49

10:00PM - 6:00AM (Must have prior judicial authorization)

Question 50

No knock warrant

Answer 50

must be issued by a judge

Question 51

Execution of Search Warrant

Answer 51

Warrant must be in hand and you must knock and announce

Question 52

Strip Searches

Answer 52

a. Based on PC b. Determined by the Duty Supervisor c. Must be done reasonably

Question 53

Body Cavity Search

Answer 53

a. Based on high degree of PC b. Search warrant issued by a JUDGE c. Conducted by a qualified medical professional

Question 54

limited, warrantless searches to conduct a cursory check of a premise for people only, not evidence.

Answer 54

Protective Sweeps

Question 55

Pretextual Stops Standard:

Answer 55

a. Even if police suspect drug dealing, it does not limit their ability to make an authorized stop. Commonwealth v Gonsalves b. SJC held that police were justified in stopping the defendant for speeding even though police were investigating the defendant for another crime beforehand.

Question 56

SJC relied on ___________ _____ and held that it avoids speculation or second guessing an officer’s decision to stop a MV.

Answer 56

authorization tests

Question 57

______ + _____ = miranda

Answer 57

Custody + Interrogation = Miranda

Question 58

Miranda Rights

Answer 58

must give substance

Question 59

What is the 5th miranda warning?

Answer 59

you may stop questioning at any time

Question 60

Waiver of Miranda

Answer 60

a. Voluntary b. Intelligent c. Knowingly

Question 61

Can “Self-Induced Disability” waive Miranda?

Answer 61

No

Question 62

Right to Silence Invoked

Answer 62

ALL questioning Stops Unless suspect initiates; or Unless attorney is present Crime specific – can ask about unrelated crimes

Question 63

Right to Counsel Invoked

Answer 63

ALL questioning Stops Unless suspect initiates; or Unless attorney is present May NOT ask questions about ANY crime

Question 64

Right to Counsel – attaches automatically:

Answer 64

a. At and after arraignment b. After indictment by Grand Jury

Question 65

Who do you need present when reading Miranda Rights for juveniles

Answer 65

must have a parent or interested adult present

Question 66

Miranda right for juvenile what is the exception?

Answer 66

A waiver for a child 14, 15, 16, 17 also requires adult assistance, unless youth is “highly sophisticated”.

Question 67

Public Safety Exception

Answer 67

If public safety is at stake, POs may briefly question a suspect in custody without Miranda – the questions must be necessary to prevent imminent danger to the officers or the public

Question 68

True or false? Miranda generally not required for routine traffic stops, such as OUI investigation

Answer 68

True

Question 69

When are show ups/bring backs done?

Answer 69

within 2 hours

Question 70

Show ups/bring backs need?

Answer 70

REASONABLE SUSPICION

Question 71

If the witness positively IDs the suspect

Answer 71

PROBABLE CAUSE

Question 72

defendant has the right to confront all witness against him

Answer 72

Confrontation Clause:

Question 73

What are the expections to the confrontation clause?

Answer 73

Exceptions: excited utterances, RMV docs, Court Docs

Question 74

Which case law refers to the confrontation clause?

Answer 74

MELENDEZ-DIAZ VS MASS.

Question 75

the inducement by a government agent of an otherwise innocent person to commit a crime

Answer 75

Entrapment: