CP Ch. 10 Post Arrest Procedures

Question 1

Once under arrest, may a prisoner be released to obtain voluntary mental health treatment?

Answer 1

Yes. The decision to release belongs solely to the OIC, but he should inform the bail commissioner.

Question 2

Who may decide to release a prisoner who agrees to obtain voluntary mental health treatment?

Answer 2

The OIC.

OIC may transport a prisoner to a treatment facility or arrange for family member or caseworker to take over.

Question 3

Once a prisoner has been in custody and on mental health watch for (blank), the OIC should inform the prisoner of his right to petition for transfer to a state hospital and repeat that notice every (blank) after.

Answer 3

1. 48 hours
2. every 24 hours

Question 4

A prisoner or his legal representative has the right to petition the district court for a transfer to a state hospital. The court may grant this transfer if the prisoner poses a (blank) or has been on a “mental health watch” for over (blank)

Answer 4

1. Serious risk of self harm
   Or
2. 72 hours

Question 5

Involuntary transport of prisoner to secure treatment- The judge may commit the prisoner to a state hospital until:

Answer 5

The next court day.

Note: police are responsible for transporting the prisoner to the hospital and to the court.

Question 6

How long do police have, from the time of ARREST, to interview a defendant?

Answer 6

6 hours. Clock begins at the time of arrest, and runs regardless of topics discussed. There are exceptions, covered later.

Question 7

Exceptions to the 6 hour rule that police have, from time of arrest, to interview a defendant:(6)

Answer 7

1. arrestee needs medical attention
2. incapacitated from drugs or alcohol
3. police emergency delays interview
4. police request consent to search
5. arrestee signs a written waiver of prompt arraignment
6. arrest occurs outside of MA

Question 8

An arrestee must be afforded a probable cause determination by a magistrate within (blank) of his WARRANTLESS arrest.

Answer 8

24 hours. Jenkins Hearing.

Does not apply to warrant arrests.

Question 9

Is the arrestee entitled to be present and/or receive the assistance of counsel during a Jenkins Hearing?

Answer 9

No.

Question 10

Is the 24 hours limit for a Jenkins Hearing absolute?

Answer 10

No, but police bear the burden of demonstrating that an extraordinary circumstance caused the delay (major snow storm, defendant’s hospitalization).

Question 11

Does a violation of the 24 hour rule for a Jenkins Hearing cause automatic dismissal of the case?

Answer 11

No, dismissal is not automatic- but it may be appropriate in cases of misconduct.

Question 12

If a defendant refuses to answer booking questions, may police place him in a cell without a phone call or bail hearing until he is ready to cooperate?

Answer 12

Yes. No bail until booking procedures are completed.

Question 13

WMS (blank) be checked before release.

Answer 13

MUST. No person may be released from custody until WMS has been reviewed.

Question 14

The reasons to inventory a Detainee’s belongings are: (3)

Answer 14

1. Preserve his property while he is held at the station.
2. protect the police from disputes over lost, stolen, or returned property
3. prevent escape, self injury, or harm to others in the station.

Question 15

Is a desire to find evidence an acceptable reason to conduct an inventory procedure?

Answer 15

No.

Question 16

Is an Inventory a search for evidence?

Answer 16

No, it is an administrative procedure.

Question 17

The inventory process requires: (3)

Answer 17

1. Lawful custody
2. Written procedures
3. Inspection conforms to policy.

It must not become a cover to search for evidence.

Question 18

Is a routine inventory justified whenever a detainee is booked, and for ANY crime?

Answer 18

Yes.

Question 19

Is an inventory justified if someone is being held in police custody under Protective Custody alone?

Answer 19

Yes. An inventory is justified any time a person is held at the station.

Question 20

True or False:
If police arrange for a third party to take possession of a suspects belongings, there is no need for an inventory.

Answer 20

True.

Question 21

After a disturbance outside his hotel room, a defendant was arrested on an outstanding warrant. Police left most of the defendant’s possessions, including expensive items, with the hotel clerk who agreed to secure them. However, police took with them a small backpack the defendant had been wearing. During an inventory at the station, drugs were discovered in the bag. Was this appropriate? Why or why not?

Answer 21

No. The police could have left the bag in the custody of the hotel clerk. If the officers believed it was reasonable to leave the other items at the hotel, there was no reason to single out the backpack and take it to the station.

Question 22

True or false:
Police departments must have an inventory policy.

Answer 22

True.

Question 23

Police Department inventory policy should allow officers to open locked containers when:

Answer 23

1. They have the key or combination at the time they conduct the procedure; or (2) they reasonably believe the contents pose an imminent danger to the police or public.

Question 24

Police Department inventory policy should allow officers to open locked containers when:(1) They have the key or combination at the time they conduct the procedure; or (2) they reasonably believe the contents pose an imminent danger to the police or public. Otherwise, Officers must:

Answer 24

Record the locked container as an item, without opening it, OR obtain a search warrant if they have probable cause it contains evidence.

Question 25

Are police required to provide medication to individuals in their custody who request and need it?

Answer 25

Yes. Departments should have a policy that “affords a detainee the opportunity to self-administer prescribed medication in accordance with label directions.
* The policy should require that any medication be identified.

Question 26

Title II of the Americans with Disabilities Act requires that departments provide medication to individuals in their custody who request and need it. What is the only exception?

Answer 26

Medical marijuana.

Question 27

Title II of the Americans with Disabilities Act requires that departments provide medication to individuals in their custody who request and need it. A detain should be given only the dosage (blank), and the (blank) must witness the detainee take the medication and note it in the booking record.

Answer 27

1. Dosage noted on the label
2. Supervising Officer

Question 28

If there is any question concerning the administration of medication, the OIC may (1) confer by telephone with a qualified medical professional, or : (2 more options)

Answer 28

(2) Or arrange for an evalutation of the detainee at the station, or (3) have the detainee transported to the hospital.

Question 29

Scope of Booking Inventory- the inventory must conform to:

Answer 29

Department Policy.

Question 30

May a police officer be sued for property inventoried at booking but allegedly lost or stolen afterward?

Answer 30

Yes.
Ex. Trooper created inventory which included $750 and gold necklace. Trooper did not get required signature for the property from court officer after transporting him to court. After transfer to house of correction, inventory there did not include the money or necklace. Defendant was allowed to file a civil suit against the trooper.

Question 31

True or false:
The inventory must NOT be a pretext for an investigatory search.

Answer 31

True.

Question 32

True or false:
A lawful inventory is a calculated means of discovering evidence.

Answer 32

FALSE.

Question 33

Would recording the multi-digit account numbers written on the back of a bank card found in the defendant’s wallet serve a valid inventory purpose?

Answer 33

NO… account numbers likely not obviously incriminating at the time, so not justified by plain view.
-The Seng decision acknowledges that it is ALWAYS proper to inspect the contents of a wallet during booking, to record the cash and credit cards within, and to review proper ID. Police need not “blind themselves” to info visible during an inventory search; what they may NOT do is investigate the info in the wallet without obtaining a search warrant.

Question 34

Must inventory policies be submitted to court?

Answer 34

Yes. policy must be produced by prosecutor so court can assess whether officers performed properly.

Question 35

Must OUI arrestees be advised of their right to independent examination?

Answer 35

Yes. However police have no obligation to assist the defendant in obtaining an exam.

Question 36

An OUI arrestee who wishes to exercise his right to an independent exam must be given a (blank).

Answer 36

A prompt hearing (bail commissioner)
- Bail commissioner may grant bail or decide defendant is too intoxicated to release.

Question 37

When booking a juvenile charged with a crime, police must immediately:

Answer 37

Notify a parent or legal guardian.

Question 38

Delinquent 14,15,16,17 Years old- Police must typically release the juvenile (parent or guardian) and may only hold him if: (2)

Answer 38

(1) The child is atleast 14 and the OIC agrees with the arresting officer that he be held; or
(2) The arrest warrant explicitly orders the youth be detained.
* in either case, police must always notify the bail commissioner.

Question 39

Juvenile criminals under 14: How long may they be held in a cell?

Answer 39

Juveniles under 14 are NOT eligible for secure detention. They must be held in non-secure custody.

Question 40

How long may juvenile criminals be held in an adult lockup?

Answer 40

NEVER.

Question 41

How long may juvenile criminals over 14 be held in secure detention?

Answer 41

6 hours. Beginning when the juvenile is confined in a locked room or cell, or is cuffed to a stationary object .

Question 42

Juvenile cells must receive the written approval of who?

Answer 42

Department of Youth Services (DYS).

Question 43

Juveniles must be (Blank) from adult prisoners.

Answer 43

Sight and sound separate. Sound separation means no conversation is possible.

Question 44

Juvenile criminals. Documented cell checks. Atleast check every:

Answer 44

30 minutes.

Question 45

Who requires that police departments maintain a Juvenile Lockup Docket to record instances of secure detention?

Answer 45

EOPSS. (Executive Office of Public Safety and Security)

Question 46

Juvenile criminals over 14. Before the 6 hour period ends, the juvenile must be released to (blank), or: (2)

Answer 46

1.A parent or guardian
2. or transported to court; or
3. referred to the Overnight Arrest Program.

Question 47

Non-secure detention: Juvenile criminals 12&13: Five requirements:

Answer 47

1. Unlocked area
2. No residential area (bunks, toilets, etc)
3. No handcuffing to any stationary object
4. Hold long enough to process and transfer
5. Continuous visual supervision

Question 48

Non Secure detention. Juvenile criminals age 12&13. If a non compliant juvenile leaves the unlocked area, then :

Answer 48

According to EOPSS: “ The juvenile can be brought back into the station and placed in a locked area. .. The apprehension order should relate to being unwilling to follow the instructions of an officer, not being a runaway.
- Be sure to record the reasons for this action.

Question 49

Non- Secure Detention: Juvenile criminals age 12&13: The juvenile should be held long enough to complete identification and processing, then be released to: (3)

Answer 49

1. parent/guardian; or
2. transferred to an alternative juvenile facility; or
3. taken to juvenile court

Question 50

At what age may a CRA be handcuffed at the station?

Answer 50

CRA child should be uncuffed- Applies to all CRA children under 18.
The other requirements of non-secure detention also apply.

Question 51

With a Warrant of Protective Custody, the police must bring the child to the juvenile court before 4:30 PM. For a runaway, Officers must immediately bring the CRA child:

Answer 51

(1) Home, or to (2) the station and attempt to reunite with legal custodian or other responsible adult. Or
(3) If child cannot be reunited with the above, arrange to have him transported to a shelter. Call 211 for placement.

Question 52

Is a green card holder(permanent resident from another country who is not a citizen yet) considered a “foreign national”?

Answer 52

Yes.

Question 53

True or false:
Does the term “foreign national” apple to anyone who is not a United States citizen?

Answer 53

True.

Question 54

Are foreign visitors, whether here legally or illegally, considered “foreign nationals”?

Answer 54

Yes.

Question 55

Article 36 states that if a foreign national is arrested, authorites shall inform that subject of his right to have his consulate notified. True or False: Some countries insist on mandatory notification, while others leave it up to the foreign national suspect to decide.

Answer 55

True.

Question 56

Dealing with diplomats. When dealing with a foreign national they reasonably suspect is committing a crime, they need to determine whether the suspect has diplomatic immunity. The suspect should have diplomatic documents from our State Department. Officers should: (5)

Answer 56

1. Detain the diplomat until they verify his or her status.
2. NOT handcuff the diplomat, unless immediate safety threat.
3. NOT search or frisk- person vehicle or belongings, unless necessary for officer safety.
4. Document exactly what happened
5. Stop and cite for traffic violations. This is not considered a detention or arrest.

Question 57

Are Officers permitted to arrest a suspect with diplomatic immunity if they have probable cause to believe he has committed a felony?

Answer 57

No. Officers are not permitted to arrest or charge the individual, no matter how serious the crime.

Question 58

True or false:
State and local police officers may detain suspects based on probable cause that the suspect is the subject named on a Federal Civil Immigration detainer.

Answer 58

FALSE.
State and local police officers do Not have the authority to detain suspects based SOLELY on a federal civil immigration detainer.

Question 59

There is currently no federal or state statute that gives state officers the authority to make a civil immigration arrest. State officers may only keep an individual in custody if there is: (2)

Answer 59

1. A judicial warrant (not. an administrative detainer); or (2) probable cause of an arrestable state or federal crime.

Question 60

The inventory must not be a pretext for:

Answer 60

an investigative search.

Question 61

Requirements for police lockups:

Officers are required to check each cell at “reasonable intervals” Recommended:

Answer 61

No longer than 30 minutes.

Question 62

Prevent Suicide:

40 sec 36B mandates that one cell contain and electronic (blank) system so that the desk officer can (blank) what is going on inside.

Answer 62

Audio system so they can hear what is going on in the cell.

Question 63

If a person in a lockup threatens or attempts suicide, the (blank) must describe the event in CJIS within (blank)

Answer 63

OIC must describe event in CJIS within 24 hours

*OIC must provide WRITTEN copy to any lock up the subject is transferred to.

Question 64

Whenever a person in police custody commits suicide or dies, the OIC must write a report and send it to the medical examiner within (blank)

Answer 64

7 days.

Question 65

When a detainee shows signs of opiod intoxication, Officers must:

Answer 65

provide medical care.

Question 66

“The OIC of a police lockup SHALL (blank) examine a detainee for injuries.

Answer 66

Immediately

*requirement only applies to first facility after arrest.

Question 67

While an OIC is examining a detainee for injuries, is he authorized to order the removal of clothing?

Answer 67

No.

“The requirement a detainee be examined shall not be deemed to compel the removal of clothing”

Question 68

Never record or listen to a detainee’s phone call unless he is notified that the line is recorded. However, there is no requirement that a detainee be permitted to make a phone call in private. If nearby officers overhear what he says, may they testify about it?

Answer 68

Yes.

ex. while on the station phone, police heard murder defendant’s comments “I fucked up, I fucked up”

Question 69

Is it appropriate for a detainee to use an investigator’s cell phone to make a phone call?

Answer 69

Yes.

The number dialed is automatically recorded, but police are already permitted to write down phone numbers so it makes no difference.

Question 70

May officers write down a phone number called by a detainee?

Answer 70

Yes.

Author recommends always writing down numbers, as it confirms detainee was afforded the right and protects against the unauthorized use of station telephones.

Question 71

While officer may wait until the formal arrest to advise a suspect of his right to a phone call, they may not (blank) and arrest to (blank) of a suspect.

Answer 71

may not deliberately delay an arrest to take advantage of a supect.

*any evidence gained from intentionally withholding a detainees phone call is suppressed.

Question 72

If he came to the station prior to being arrested, such as for an interview, a detainee’s telephone rights are triggered by:

Answer 72

Formal arrest.

Note: right to a phone call does not apply when suspect is already incarcerated on another matter (ec already incarcerated at HOC when questioned about another matter)

Question 73

If arrested in the field, the detainee must be allowed to use the telephone within (blank) of his (blank0

Answer 73

Within 1 hour of his arrival at the station

Question 74

Telephone call vs 6 hours to interrogate:

Answer 74

Phone call= 1 hour from ARRIVAL AT THE STATION

Interrogate= 6 hours from the TIME OF ARREST

Question 75

Must a detainee be accurately informed why he was arrested?

Answer 75

Yes.

Police must also provide a copy of an arrest warrant on request.

Question 76

May booking be videotaped, even if the detainee is not told that he is being recorded?

Answer 76

Yes.

Question 77

The primary purpose of the booking process is to:

Answer 77

Identify the detainee.

Note: booking creates a public record of his arrest, which allows his family, friends, and attorney to determine his whereabouts.

Question 78

When a detainee arrives at the station, he must be properly booked. A detainee refers to another who has been (blank) or (blank)

Answer 78

Arrested or placed into Protective Custody.