CP Ch. 7(p1-8, 10-13) Charging Offenders with Crimes

Question 1

What methods may an officer use, once they develop probable cause, to charge and offender and bring him before the court? (3)

Answer 1

1. Warrant
2. Arrest
3. Complaint

Question 2

An officers decision to pursue a warrant, arrest, or complaint depends on whether the offender committed a (blank) or (blank).

Answer 2

felony or misdemeanor.

Question 3

True or false:

A court is more likely to uphold the validity of an arrest made under a warrant.

Answer 3

True.

“Law enforcement officers may find it wise to seek arrest warrants because their judgment about probable cause may be more readily accepted when backed by a warrant issued by a magistrate.”

Question 4

Obtaining a warrant:

Venue: Officer may seek an arrest warrant from: (2)

Answer 4

1. The district court that has jurisdiction over the location of the crime; or
2. Where the offender may be found.

Question 5

(Blank) consists of trustworthy facts and inferences which would lead a reasonable person to believe that it is more likely than not that the offender committed or is committing a crime.

Answer 5

Probable Cause.

Question 6

To obtain a warrant, a police officer must submit: (blank) and (blank) to a magistrate.

Answer 6

1. a written application
2. statement of probable cause

Question 7

To obtain a warrant, a police officer must submit a written application and a statement of probable cause to a magistrate.

The application requires completion of:

Answer 7

the standard form.

Question 8

To obtain a warrant, a police officer must submit a written application and a statement of probable cause to a magistrate.

The statement of probable cause is typically satisfied when the officer submits his:

Answer 8

Incident report.

• It is also acceptable (although rare) for an officer to verbally describe the facts that support probable cause and have his statement recorded or written down by the magistrate.

Question 9

An arrest warrant must contain the name of the offender. If the correct name is unknown, an officer may use “any name or description by which the offender can be identified with reasonable certainty”. This is known as a

Answer 9

“John Doe” warrant.

ex. court upheld a John Doe warrant which described the defendant as: “John Doe, also known as Baldi and Baldassini, a white male between 50 and 55 years of age, 5’8, 170-180, with dark hair, of Quincy Ma.”

Question 10

The best feature of the Warrant Management System (WMS) is instant access through a computer network known as the Criminal Justice Information System (CJIS). A printout of a WMS warrant is considered:

Answer 10

“a true copy”

Question 11

BPD received info that defnendant was involved in a gun related domestic incident the night before. Officer checked WMS at 1pm. He saw a warrant for the defendant after he failed to appear in court.

Officers went to defendants apartment at 240pm but no one was home. At 415 they saw him enter the apartment. He left the apartment at 5pm and was arrested and officers found a loaded gun.

During booking, officers discovered that defendant had reported to court. His warrant had been recalled at 3pm.

Outcome of case.

Answer 11

Illegal arrest.

Gun= fruits of the poisonous tree, had to be suppressed.

If possible, Officers must check WMS again before making an arrest.

Question 12

May an arrest warrant be served by a private citizen?

Answer 12

No.

Question 13

Where can an arrest warrant be executed?

Answer 13

An arrest warrant may be executed anywhere in the Commonwealth, regardless of the court that issued it

-Officers may travel outside their territorial jurisdiction to apprehend a person named in a warrant

-Officers may enter a suspect’s home and apprehend him inside.

Question 14

Must officers physically posses a warrant at the time of arrest?

Answer 14

No

must have actual knowledge of a warrant, but need not physically possess it.

However, they do have to show the warrant to an arrestee if he requests to see it. Officers should print out a copy from WMS during booking.

Question 15

May police execute a warrant to take a person into custody who is suspected of other crimes?

Answer 15

Yes.

Ex. police suspected the defendant of armed robbery, but lacked probable cause to arrest. An officer did arrest him on a warrant for unrelated charges. The SJC upheld the arrest noting that: the police had obtained the warrant before the robbery and had not unreasonably delayed its execution.

Question 16

May police obtain an arrest warrant for the sole purpose of conducting a search?

Answer 16

No.

Officers obtained and arrest warrant charging the defendant with two minor traffic violations. They then delayed serving the warrant until they thought the defendant would be carrying illegal drugs. The court rejected this “deliberate scheme to evade the requirements of the Fourth Amendment by using a traffic arrest to search for narcotics.”

Question 17

All warrants must be served without:

Answer 17

“unreasonable delay”

Note: If the unsuccessful efforts to serve a warrant are documented, an arrest made years later will be upheld.

Question 18

All warrants must be served without “unreasonable delay”. Delay only results in a case being dismissed if it causes: (2)

Answer 18

1. “substantial prejudice to a defendant;s ability to mount a legal defense; or
2. if it is the result of deliberate police misconduct.

Question 19

To aid in the apprehension or individuals with outstanding warrants, 22c Sec 36A mandates that any Commonwealth agency provide state troopers and municipal officers with “identifying information including, but not limited to, name, dob, all pertinent addresses, telephone numbers and social security numbers”. This mandate only applies to locating:

Answer 19

people name in warrants.

Question 20

An arrest occurs when a person is taken into custody and:

Answer 20

significantly deprived of his freedom.

Note: an arrest may be initiated nonverbally

Question 21

An arrest occurs when a person is taken into custody and significantly deprived of his freedom. The test is whether a reasonable person would have:

Answer 21

understood that he was under arrest.

Question 22

The point of arrest is significant because: (2)

Answer 22

1. Probable cause must exist (at the time of arrest); and
2. Rights must be honored (taken to the station and booked, allowed telephone in one hour, etc.)

• If police lacked probable cause at the time of arrest, they lose any evidence discovered during the post- arrest search or booking process.

Question 23

The point of arrest is significant because probable cause must exist and rights must be honored. If police lacked probable cause at the time of arrest, they:

Answer 23

lose any evidence discovered during the post-arrest search or booking process.

Question 24

Officer must have the legal authority- the (blank)- to arrest without a warrant for a particular crime.

Answer 24

the “right of arrest”

Question 25

Just because officer have the “right of arrest” does not mean they must arrest. Officer discretion should be based on: (5)

Answer 25

1. Severity of the crime
2. Prior criminal history and background of the offender
3. Vulnerability of the victim and loss suffered
4. Offender’s willingness to engage in a positive response
5. Police department and community enforcement priorities

Question 26

What are the only two situations where arrest is mandatory?

Answer 26

1. Violation of s domestic violence restraining order (209A)
2. Violation of a Harassment Prevention Order (258E)

Question 27

May police arrest to “teach a lesson”?

Answer 27

No.

Question 28

Do Mental health issues nullify probable cause to arrest?

Answer 28

No.

Question 29

For a legitimate reason, an arrest may be delayed after probable cause is first formed: (3 reasons)

Answer 29

1. Investigative judgment (police may wish to build a stronger case or catch the suspect committing a more serious crime)
2. Discretion at the scene (officer initially issued citation for arrestable offense, then decided to arrest)
3. Release and Recapture (1845 case drunk guy agreed to go home, then walked straight into a tavern)

Question 30

Once police have probable cause, may an arrest be delayed if police want to build a stronger case, or catch a suspect committing a more serious crime before arresting him?

Answer 30

Yes.

Question 31

After arrest, if police begin to suspect that they arrested the wrong person, they should:

Answer 31

Contact a magistrate and let them make the decision. Police should not release the person on their own.

*Unless they are absolutely certain that they lack probable cause (disorderly arrest turned out to be a diabetic episode)

Question 32

Only when officers are absolutely certain that they lack probable cause should they:

Answer 32

release an arrestee on their own (disorderly arrest turned out to be a diabetic episode)

A magistrate should typically decide whether to release an arrestee.

Question 33

True or false:

An officer may conduct a warrantless arrest in public for any felony.

Answer 33

True.

*The officer usually needs a warrant to conduct an arrest in the offender’s home.

Question 34

Four types of misdemeanors determine the authority of an officer to make a warrantless arrest:

Answer 34

1. Statutory right of arrest for a past misdemeanor (ex shoplifting, possession of ammo, OUI, Domestic A&B, etc.)
2. Statutory right of arrest in officers presence (ex minor in possession, trespassing, larceny or attempted larcent, etc.)
3. Breach of Peace in officers presence
4. Municipal Laws (by- laws)
   -Drinking in public
   -Accosting another person in public with obscene language
   -Remaining in a public place in willful violation of a local law

Question 35

True or false:

Juveniles may NOT be arrested for violating an ordinance or bylaw.

Answer 35

TRUE.

Question 36

Officers may NOT arrest for most violations of municipal laws.

However, Officers may arrest adults for certain violations under 272 Sec. 59. this statute enables officers to arrest a person within their jurisdiction seen violating an ordinance or bylaw that deals with three types of behavior:

Answer 36

1. Possessing or drinking an alcoholic beverage in public
2. Accosting another person in public with obscene language

3.Remaining in a public place in willful violation of a local law

Question 37

May officers arrest on an “anticipated” breach of peace?

Answer 37

Yes.

Question 38

Does OUI constitute a breach of peace?

Answer 38

Yes.

“even a milder degree of alcoholic effect is likely to make a vehicle operator a public menace.”

Question 39

To be a breach of peace, an act must:

Answer 39

“atleast threaten to have some disturbing effect on the public”

Question 40

For the purpose of arrest, “in presence” means:

Answer 40

officers are able to see the offense as it is occurring.

Question 41

True or false:

Even without statutory authority, officers may make a warrantless arrest for ANY misdemeanor involving a breach of peace in their presence.

Answer 41

True.

Question 42

Sometimes, Massachusetts officers encounter a fugitive from another state. The law allows officers to perform a warrantless arrest, or obtain a “fugitive warrant”. A separate legal process- known as (blank)- returns a fugitive to his home jurisdiction.

Answer 42

rendition.

Question 43

Fugitive From Justice: Post Arrest: Where do you bring the person?

Answer 43

The district court in the place where the arrest occured.

“Once in custody, the fugitive should be brought to the next session of the Massachusetts District Court in the place where the arrest occurred.”

Question 44

Fugitive From Justice:

276 Sec 20B authorizes a Massachusetts Officer to arrest a “fugitive from justice” based on “reasonable information that the accused stands charged in another state with a crime …punishable by imprisonment for a term exceeding:

Answer 44

one year.”

Question 45

Fugitive from Justice. Charged in another state:

The statute does not define the term “charged”. Cases from Massachusetts and other states require: (3)

Answer 45

1. An arrest warrant from the original jurisdiction; or
2. an indictment or criminal complaint; or
3. written information from a law enforcement source that the person is wanted for a crime.

Question 46

Fugitive from Justice:

1. Warrantless Arrest:
2. Fugitive Warrant:

Answer 46

1. must be a crime punishable by more than 1 year
2. can be sought for ANY crime

Question 47

Fugitive from Justice:

Out of state bail bondsmen must comply with the Uniform Criminal Extradition Act. They have two options:

Answer 47

1. Bondsman may appear before a Massachusetts court and have an arrest warrant issued for the person, or;
2. he may ask police to arrest the fugitive.

Once taken into custody by a Massachusetts officer, the fugitive must be brought to a local court, informed of his right to counsel, and given the opportunity to challenge the legality of his arrest.

Question 48

Interstate Rendition:

The authority for interstate rendition is found in :

Answer 48

Article IV (4) of the United State Constitution.

*adopted by 48 states

Question 49

Interstate Rendition:

The demanding state seeks rendition by preparing an application for the requisition of the individual. The (blank) of the demanding state sends it to the (blank) of the asylum state, which has custody of the offender.

Answer 49

Governor, Governor

Question 50

The (blank) serves to document an arrest and process the defendant’s arraignment.

Answer 50

complaint application

Question 51

Following an arrest, an officer delivers the complaint application and a police report to the clerk, who decides whether probable cause exists. If so, the clerk issues the complaint and the defendant is arraigned in court.

Though rare, a clerk may find no probable cause for a charge following an arrest. If this happens, the police may:

Answer 51

request a redetermination by a judge.

Question 52

Following an arrest, an officer delivers the complaint application and a police report to the (blank), who decides whether probable cause exists.

Answer 52

clerk

Question 53

Absent an arrest, a complaint application begins a process to determine whether a defendant will be:

Answer 53

charged with a crime.

Question 54

Officer should consider a complaint application when: (2)

Answer 54

1. the offender is likely to appear in court; and
2. does not pose a risk to public safety

Question 55

When a legal document orders a witness or officer to appear in court to testify, it is called a:

Answer 55

subpoena.

A witness who has been subpoenaed and fails to attend may be arrested; held in contempt; and/or held on bail until he testifies.

Question 56

Complaint Application

With a complaint application, an officer may select one of four paths to court depending on whether the offender committed a felony or misdemeanor

Four Police Paths: (when you fill out a complaint application)

1st Path: Misdemeanor, person not arrested (which is why you are filing a complaint)

Answer 56

If the offender is accused of a misdemeanor and not under arrest, the officer must typically afford him a hearing- if requested by the accused.

Clerk decides to set up a “show cause” hearing, to see if there is probable cause, to see if it makes sense to have the defendant arraigned.

Question 57

Complaint Application

With a complaint application, an officer may select one of four paths to court depending on whether the offender committed a felony or misdemeanor

Four Police Paths: (when you fill out a complaint application)

2nd path: Misdemeanor, person not under arrest

Answer 57

Defendant denied a hearing because:

1. He did not request one in time; or
2. He is denied because the officer told the clerk that the person presents a safety or flight risk.

Ex. Officer learns defendant is planning to leave the state- flight risk

Question 58

Complaint Application

With a complaint application, an officer may select one of four paths to court depending on whether the offender committed a felony or misdemeanor

Four Police Paths: (when you fill out a complaint application)

3rd path: Felony

Answer 58

As a matter of law: The police officer decides to grant a show cause for hearing for criminal complaint application for a felony.

A show cause hearing is authorized for a felony only if it is requested by the police officer who applied for the complaint. An officer might choose this approach in a marginal felony case where he believes the clerk’s input at a hearing might help resolve the matter and prevent future problems.

Question 59

Complaint Application

With a complaint application, an officer may select one of four paths to court depending on whether the offender committed a felony or misdemeanor

Four Police Path: (when you fill out a complaint application)

4th path: Felony

Answer 59

Police officer decides he doesn’t want a show cause hearing, and wants the clerk to issue the felony complaint:

ex. Officer may say something along the lines of “Its the third time we’ve been out there this week, he’s threatening his neighbor, set it up for arraignment.”

Question 60

What is a “show cause” hearing?

And what happens at a “show cause” hearing?

Answer 60

A brief, informal hearing that tests whether probable cause exists for the crimes alleged.

The clerk reads the police report and will allow the defendant to speak. At the conclusion of the hearing, the clerk may find probable cause and send the defendant to court for arraignment. The clerk may also find probable cause but, with the consent of the police and defendant, approve an informal disposition. If the clerk decides probable cause is lacking, the case ends unless the police persuade a judge to reject the clerk’s finding of no probable cause.

Question 61

One Citizen Path:(citizen application for criminal complaint)

When a citizen feels that he has been the victim of a crime, he can apply for a criminal complaint in the (blank)

Answer 61

District court.

The clerk will evaluate the basis for the citizen’s claim and may schedule a show cause hearing for a misdemeanor of felony complaint. Only in the case of a felony may the clerk issue the complaint without a hearing.

Question 62

One Citizen Path:(citizen application for criminal complaint)

True or false:

Unlike an application submitted by a police officer, a citizen’s application may be rejected by the clerk without a hearing.

Answer 62

True.

Question 63

One Citizen Path:(citizen application for criminal complaint)

Even if a hearing is granted and probable cause exists, the clerk may decline to refer the case for:

Answer 63

prosecution.

Question 64

One Citizen Path: (citizen application for criminal complaint)

While a citizen may request that a judge reconsider any decision made by a clerk, a judge has:

Answer 64

no obligation to do so.

Question 65

One Citizen Path: (citizen application for criminal complaint)

While a victim typically applies, there is no requirement that the applicant be a victim or witness to the crime as long as he can provide:

Answer 65

probable cause of the crime.

Question 66

Does a criminal complaint against a police officer have to be heard outside the officer’s jurisdiction?

Answer 66

No.

-procedural safeguards are adequate to protect against police bias.

Question 67

Once a (show cause) hearing is held, the clerk must rule if the police or citizen complainant demand it- While a magistrate has the power to grant or deny a complaint application, he lacks the authority to (blank). Once the hearing begins, he may only order an informal resolution if the police or citizen complainant agrees.

Answer 67

lacks the authority to: keep it “open”

Question 68

Show cause hearing records are not typically public. However, any member of the public may request records of a show cause hearing where (blank) was found, but the clerk did not:

Answer 68

1. probable cause
2. did not issue a criminal complaint.

*A request must state why the interests of justice will be served by making these normally private documents available to the public.

Ex. a politician is accused of a crime, there’s a clerk hearing, clerk says there is probable cause but I’m not going to issue the complaint.- Ok lets see whats going on there.

Clerk has discretion

Question 69

In any case, all show cause hearings (clerk’s hearings) must now electronically record certain information: (9)

Answer 69

1. The Judicial officer presiding
2. Court where hearing occurs
3. Date when complaint was filed and hearing took place
4. Whether the complainant is a law enforcement officer or private citizen;
5. Gender and race of the accused and of any private citizen complainant
6. Whether the accused or a private complainant is represented by an attorney
7. The names of any attorneys
8. The offenses alleged
9. The disposition of the show cause hearing.

Question 70

Once the clerk finds probable cause and issues a complaint, it may not be dismissed until:

Answer 70

after the defendant’s arraignment.

Note: Though a judge may act on a motion to dismiss for lack of probable cause after the defendant has been arraigned, a dismissal before arraignment for that reason is not permitted without the prosecutions consent.

*Only a Juvenile Court Judge may consider a motion to dismiss before arraignment.

Question 71

Who may consider a motion to dismiss before arraignment?

Answer 71

Only a Juvenile Court judge.