CP Ch. 8 Arrest Jurisdiction & Execution

Question 1

Insufficient basis for protective sweep: (3)

Answer 1

1. Arrestee clearly alone
2. Arrestee cooperates
3. Presence of person but police unconcerned with danger

Ex. defendant arrested on a warrant just inside his door. Police conducted a protective sweep and found a gun- Once defendant was arrested at the door, officers should have left at that point- no longer fear of danger

Question 2

Protective Sweep:

Once the scene is secure, any search for evidence, including firearms, requires:

Answer 2

a search warrant.

Question 3

How long may a protective sweep continue?

Answer 3

As long as there is potential danger.

Question 4

Protective Sweep

To go beyond the immediate area, officer must have a reasonable suspicion that there may be someone who poses a danger. Factors the court assesses: (4)

Answer 4

1. The violent nature of the crime and the defendant’s criminal history
2. The location of the arrest in relation to the area swept
3. The defendant’s resistance or cooperation at the time of arrest
4. The presence of other individuals, or atleast suspicion of their presence.

Question 5

Automatic Protective Sweep of Immediate Area:

To go beyond the immediate area, officers must have (blank) that there may be someone who (blank)

Answer 5

reasonable suspicion that there may be someone who poses a danger.

*The type of fugitive being apprehended may, by itself, create reasonable suspicion to sweep the whole premises. Unlike an encounter on the street, officers are at a serious disadvantage in their adversary’s home.

Question 6

Following an arrest inside a building, officer may sweep:

Answer 6

The immediately adjoining area.

Question 7

A quick inspection of those places where a person might be hiding.

Answer 7

Protective Sweep

Note: However, a sweep may continue as long as there is potential danger.

Question 8

Exceptions to warrant requirement: Consent to enter must be:

Answer 8

Voluntary.

Note: Intent to voluntarily give consent can be obvious- Ex. person who answered door is clearly scared the defendant will hear her give consent

Question 9

The police must have an arrest warrant for an overnight guest AND a search warrant, consent, or exigent circumstances to justify entering the home of a third party to get him. Who is the search warrant requirement designed to protect?

Answer 9

The privacy rights of the homeowner.

Note: for this reason, the person named in the arrest warrant may not challenge the absence or validity of a search warrant- this would give a peron greater privacy rights in someone else’s home that he has in his own.

Question 10

For an overnight guest, what must the police have to justify entering the home of a third party to get him?

Answer 10

Arrest Warrant ;AND
Search Warrant- or consent, exigent circumstances.

Question 11

Does an arrest warrant allow officers to enter a home if the arrest occurred outside?

Answer 11

No.

Not automatically

Question 12

True or false:

Police may enter a home based on any resident’s arrest warrant.

Answer 12

True.

Question 13

Before executing an arrest warrant, police must have (blank) that the defendant is present.

Answer 13

Reasonable suspicion.

Question 14

Officer had probable cause to arrest Marquez. They went to his apartment and knocked on the door. Defendant opened the door, remaining inside his apartment. They said “Are you Victor Marquez?” and he said “Yes” He was arrested. Good or bad arrest and why?

Answer 14

Bad. they did not have a warrant, consent, or exigent circumstances to make the arrest in his home.

-suspect is not “in public” jsut because he opens the door
-suspect does not consent to entry just because he opens the door

Best practice: Get a warrant

Question 15

Does Massachusetts recognize out of state warrants?

Answer 15

No.

Best option is Fugitive from Justice.

Question 16

Does a house guest have a legitimate expectation of privacy in his host’s home?

How about a visitor?

Answer 16

House guest (overnight guest)= yes

Visitor= no

Question 17

Are warrantless arrests in public authorized, even if there is ample time to obtain a warrant?

Answer 17

Yes.

Question 18

When may a citizen forcibly resist an unlawful arrest or unlawful entry into his home?

Answer 18

Only if police use excessive force.

Question 19

If de-escalation fails or is not feasible, officer may use:

Answer 19

Reasonable force to effect a lawful arrest.

Question 20

Is there a statutory right of arrest for Violation of protective order (209A, 208, 209, 209C) and Domestic Assault or A&B?

Answer 20

Yes to both.

Both can be arrested anywhere in Massachusetts on PC

Violation of RO is Mandatory arrest.

Question 21

In general, officers in their own jurisdiction may not make a warrantless arrest for a misdemeanor that occurred outside their jurisdiction. There are only two exceptions. What are they?

Answer 21

1. A statute permits arrest outside the jurisdiction where the misdemeanor originally occurred
2. Misdemeanor involves a breach of peace and is continuing in the officer’s presence.

Question 22

When they have detained an offender from another community, officers should determine whether they may arrest him. Their authority may be based on:

Answer 22

1. Warrant
2. Commission of felony
3. Misdemeanor for which there is a right of arrest.

Otherwise, complaint for original jurisdiction.

Question 23

Once they have reasonable suspicion, officers may detain a suspect in their community- even one whose original crime occurred in another municipality. Officer may then: (3)

Answer 23

1. Establish the suspects identity
2. Develop Probable Cause for the original crime
3. Check for warrants

Question 24

As a last resort, a lack of jurisdiction may be overcome by the (blank) rule.

Answer 24

Inevitable Discovery rule

Question 25

Can an officer, who is involved in a MV crash outside his jurisdiction, detain the driver pending the arrival of local police?

What if still in uniform but off duty?

Answer 25

Yes.

As long as he does not attempt to collect evidence that a private citizen would not be able to gather.

Question 26

Is a clear request for interstate transferred authority approved by the SJC?

Answer 26

NO.

Not currently.

Question 27

Transferred authority applies to: (2):

Answer 27

1. A breach of peace
2. Also allowed for civil infractions that threaten public safety

Note: Both book examples described incidents of dangerous erratic operation

Question 28

This authority is granted to the OIC in each community, and authorizes the OIC of a department to request that the OIC of another department send officer.

Answer 28

Requisition of officers.

-No written agreement necessary (unlike mutual aid)

• Responding officers have full police authority.

Question 29

What do officers need to leave their jurisdiction of fresh and continuous pursuit?

Answer 29

Reasonable suspicion of an arrestable offense (committed in their presence within their jurisdiction)

Ex. red light violation that becomes OUI- invalid

Ex. speeding and marked lanes that lead to OUI- Valid- BECAUSE these infractions gave reasonable suspicion the defendant was committing the arrestable offense of OUI.

Question 30

In state. Offiicers may engage in “fresh and continuous pursuit” to stop an offender for:

Answer 30

Any arrestable offense committed in their presence within their jurisdiction.

Question 31

Statewide mutual aid agreement 40 sec 4J- May an officer “self- activate” a mutual aid request under 40 Sec 4J?

If not, who can?

Answer 31

No. Must be Chief or OIC.

Question 32

If an officer makes a stop in a neighboring town, while operating under a valid mutual aid agreement, what is required of the officer?

Answer 32

He must “notify the host community as soon as reasonably possible.”

Question 33

What powers do officers have when providing mutual aid?

Answer 33

Full arrest powers.

Question 34

What is the best way to avoid challenges to police jurisdiction (when you leave your community)?

Answer 34

Mutual aid agreements.

Question 35

In order to stop a misdemeanor subject outside their jurisdiction, officers must have (blank).

There are four major reasons, what are they?

Answer 35

Legal authority.

1. Mutual aid
2. Fresh pursuit
3. Requisition
4. Transferred authority.

Question 36

Is a motor vehicle stop, that ends outside the officers jurisdiction, when made with lights and sirens alone, permissible?

Answer 36

Yes.

Ex. NH officer initiate a stop of drunk driver in NH. Vehicle stopped in MA. Officer weited in his cruiser until Ma officer arrived and arrested him for OUI.

*Court classified this behavior as “reasonable investigatory stop by a citizen”

Question 37

After an out of state arrest (such as fresh pursuit for felony), what court must the offender be brought to?

Answer 37

A court within the county where the arrest took place.

Question 38

Any citizen has the legal authority, anywhere in the commonwealth to arrest a (blank) who might otherwise escape.

Answer 38

Felon.

“Citizens Arrest Authority”- Same applies to police officers

Ex. Methuen officer observed heroin sale over the line in Lawrence. Because distributing Class A is a Felony, Officer had jurisdiction to make the arrest in Lawrence.

Question 39

Officers may always go outside their jurisdiction to investigate, as long as they do not (blank), (blank), or (blank) a suspect.

Answer 39

detain, search, or arrest.

Question 40

May Officers rely on visible boundary markers to decide the extent of their jurisdiction?

Answer 40

Yes.

Question 41

Within their jurisdiction, officer may conduct warrantless arrests for: (2)

Answer 41

1. Felonies
2. Misdemeanors for which they have a right of arrest.

Question 42

Arrest is authorized if (blank) exists that a warrant is in effect and the suspect is the wanted person.

Answer 42

Probable cause.

Note: Arrest warrants may be served anywhere in the commonwealth.

Question 43

Boston drug officers conducting surveillance of a blue truck in the city. Driver and female passenger led police to Revere, where officers observed an on street transaction. Officers followed the blue truck back to Boston, where they stopped it. Female passenger had 8 bags of crack nestled in her bra. To the officers have proper jurisdiction to make the stop? And was the subsequent arrest for the evidence discovered lawful?

Answer 43

Yes.

“Officers may always go outside their jurisdiction to investigate, as long as they do not detain, search, or arrest.”

Officers merely observed the defendants in another community. Armed with the knowledge they gained from this, they had reasonable suspicion of drug distribution and mad a lawful stop without their jurisdiction.

Question 44

A Massachusetts officer in (blank) of someone who has committed a felony may continue into a border state to make an arrest.

Answer 44

“Fresh pursuit”

Note: New York, Rhode Island, Connecticut, Vermont, and New Hampshire have enacted similar statutes.

*After and out of state arrest, the offender must be brought before a court within the county where the arrest too place (MA officer makes arrest in Salem NH- offender brought to the district court in NH)

Question 45

True or false:

Massachusetts cities and towns may have mutual aid agreements with cities and towns from border states.

Answer 45

True.

Question 46

Merrimac and Amesbury are mutual aid partners.

Merrimac police officer was on on patrol when he crossed the town line into Amesbury to go to a convenience store. On his way back, he saw a vehicle cross the double yellow line.

Officer followed the vehicle for half a mile. He observed it weave several times more before it abruptly pulled into a restaurant parking lot. The officer blocked the vehicle with his cruiser. He radioed Amesbury police, who arrived and arrested the defendant for his 5th OUI.

Proper or not, and why?

Answer 46

Proper.

Their mutual aid agreement granted authority for the stop, and the officer radioed Amesbury immediately after, which satisfied the other requirement that he “notify the host community as soon as practically possible”

Question 47

Can you, as an officer, self activate under the Statewide Mutual Aid agreement 40 Sec 4J?

Answer 47

No.

The Chief or OIC may initiate a request for aid for any public safety incident.

Question 48

Statewide Mutual Aid agreement: When can you be activated.?

Answer 48

A public safety incident

any planned event (football game at gilette, concert, emergency, disaster, large training exercise, etc.)

Once you are there, you have same authority as if acting in your own jurisdiction.

Question 49

A Whitman officer drove over the town line into neighboring East Bridgewater. He observed the defendant crossing the center line and accelerating and decelerating his speed. The officer believed that the defendant was OUI as he followed him back to Whitman. Officer activates his lights, The defendant makes a left turn, traveling over the town line into neighboring Hanson and pulled into his driveway. (no failure to stop, defendant driveway was just over the town line)

Is the Whitman officer justified in stopping him at that point?

Answer 49

Yes. He had fresh pursuit authority.

Doesn’t matter that officer first saw the vehicle outside of his own jurisdiction, as long as defendant entered the officers jurisdiction before he makes the stop, that is fresh pursuit.

Question 50

Natick officer sees the offender commit a red light offense in Natick. Defendant immediately travels over the town line into Framingham. When officer stops and approaches the car in framingham, he realizes he is drunk and arrests him for OUI

Valid or invalid?

Answer 50

Invalid

You may leave your community in fresh pursuit of an offender who has committed and arrestable offense (with reasonable suspicion). Red light is a civil infraction- with no indication

Question 51

Orleans officer observes a vehicle speeding, marked lanes. Activated his lights, vehicle crosses over into Brewster. Upon stopping the vehicle, he finds the operator is OUI and arrests him.

Valid or invalid.

Answer 51

Valid.

when the nature of the civil infractions gives you a reasonable suspicion that the motorist may be OUI , that’s an arrestable offense- you can leave town in fresh pursuit.

Question 52

Does an outstanding warrant constitute an arrestable offense for fresh pursuit?

Answer 52

Yes.

Question 53

May fresh pursuit be a cooperative effort?

Answer 53

Yes.

Ex Framingham officer ordered an intoxicated defendant to stop his vehicle in a tavern parking lot after he struck a parked vehicle. The defendant did not stop, turned off his headlights, and pulled onto route 9 at a high rate of speed. Another Framingham officer pursued the vehicle into a neighboring town and arrested him. Both Framingham officers properly joined forces to apprehend the defendant.

Question 54

Transferred authority applies to a (blank).

Transferred authority is also allowed for civil infractions that :

Answer 54

1. breach of the peace
2. threaten public safety

Question 55

A Mass police officer in (blank) of someone who has committed a (blank) may continue into a border state to make an arrest.

Answer 55

1. “Fresh pursuit”
2. Felony

*Remember: Interstate pursuit for erratic operation/ possible OUI is NOT permitted because it is NOT a FELONY. Likely test question

Question 56

Mass police officers must be certified by:

Answer 56

Peace Officers Standards and Training Commission (POST)