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Crim Law Other > Crim Proc. Arrest Jurisdiction & Execution > Flashcards

Crim Proc. Arrest Jurisdiction & Execution Flashcards

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1
Q

Transit officers are authorized to enforce the law on any:

A

MBTA property and within the 175 cities and towns served by or containing Mbta facilities

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2
Q

College and university police officers are appointed as:

A

Special state police officers

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3
Q

College and university officers can make arrests for ______ crime committed in property owned, used or occupied by their institution

A

Any

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4
Q

Can college/university officers make arrests on public ways that connect campus facilities

A

Yes

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5
Q

Can college or university officers conduct civil motor vehicle enforcement

A

Public college and university officers can
Private college and university officers can’t

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6
Q

Deputy sheriffs may exercise law enforcement authority within their counties if:

A

Certified by post

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7
Q

Campus police officers may not execute an arrest warrant off campus unless:

A

It is connected to a crime on campus or involves a member of the campus community

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8
Q

Officers may always go outside their jurisdiction to investigate as long as they don’t (3):

A

Detain, search or arrest a suspect

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9
Q

If suspect arrested in one town, can officers go search their vehicle in another town under the motor vehicle exception

A

No

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10
Q

Officers watch a heroin sale occur just over the town line. Can they go make the arrest?

A

Yes because distribution of class A is a felony

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11
Q

A Massachusetts police officer in _________ of someone who has committed a _______ may continue into the border STATE to make an arrest

A

Fresh pursuit
Felony

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12
Q

After an out of state arrest under fresh pursuit of felon, the offender must be brought before a court within the county:

A

Where the arrest took place

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13
Q

Is a stop made outside an officer’s jurisdiction if made with lights and sirens permissible?

A

Yes but officer has to notify the town the stop occurs in and wait for that officer to come make contact with the vehicle

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14
Q

A vehicle stop that ends outside of jurisdiction is acceptable because the court classifies it as “__________”

A

Reasonable investigatory stop by a citizen

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15
Q

In order to stop a misdemeanor suspect outside their jurisdiction, officers must have legal authority. The 4 major reasons include:

A

Mutual aid
Fresh pursuit
Requisition
Transferred authority

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16
Q

What is the best way to avoid challenges to police jurisdiction

A

Mutual aid agreement

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17
Q

When towns have a mutual aid agreement and an out of town officer makes a car stop, they must notify the host community ________

A

As soon as practically possible

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18
Q

The three things not eligible to be part of mutual aid agreements

A

MBTA, universities and colleges

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19
Q

Who may initiate request for aid for any public safety incident

A

Chief or OIC

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20
Q

Who is responsible for defending officers from civil claims by third parties, including while in transit to or from the incident

A

The requesting jurisdiction

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21
Q

Who is responsible for salary and equipment costs during mutual aid

A

The sending jurisdiction

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22
Q

The sending jurisdiction keeps records of its expenses. If the requesting jurisdiction receives federal or state aid, the sending jurisdiction:

A

Shares those funds

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23
Q

Can mutual aid jurisdictions agree to additional terms for particular incidents?

A

Yes

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24
Q

Officers may engage in “fresh and continuous pursuit” to stop an offender for any ________ committed in their presence within their jurisdiction

A

Arrestsble offense

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25
Q

Can pursuit consist of just following or does it have to involve lights and sirens

A

Can consist of just following

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26
Q

What typically proves a mutual aid agreement was properly activated?

A

Police testimony

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27
Q

Do officers need probable cause to leave their jurisdiction?

A

No, just reasonable suspicion

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28
Q

Does an outstanding warrant constitute an arrestable offense for fresh pursuit

A

Yes

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29
Q

Does fresh pursuit have to be by the same officer?

A

No

30
Q

Who is given authority for the requisition of officers?

A

The OIC

31
Q

Transferred authority is allowed for civil infractions that

A

Threaten public safety

32
Q

Does the officer have to believe there’s reasonable suspicion for an arrestable offense to make the stop or do the facts just have to show that there’s reasonable suspicion

A

The facts just have to show

33
Q

Fresh pursuit can only go into another state if there’s

A

Felony

34
Q

Can an officer outside his jurisdiction that’s involved in a motor vehicle accident detain the driver pending the arrival of local police

A

Yes, even if in personal car

35
Q

The fact that an off-duty officer happens to be in uniform does not convert the interaction into an arrest as long as the officer:

A

Does not attempt to collect evidence that a private citizen would not be able to gather

36
Q

As a last resort, a lack of jurisdiction may be overcome by:

A

The inevitable discovery rule

37
Q

Once they have reasonable suspicion, can officers detain a suspect in their community if the original crime occurred in another municipality? If so, what can officers establish

A

Yes. Officers may establish suspects identity and develop probably cause for the original crime. They may also check for warranfs

38
Q

When officers detain an offender from another community, how do they determine whether they may arrest him? (3)

A
  1. Existence of warrant
  2. Commission of felony
  3. Commission of misdemeanor for which there is right of arrest
39
Q

If officers detain an offender from another community and they determine that they may not arrest him what should be done?

A

Police from the original jurisdiction should apply for complaint based on info about offenders identity furnished by officers who conducted the stop

40
Q

In general can officers in their own jurisdiction, make a warrantless arrest for a misdemeanor that occurred outside their jurisdiction

A

No. There are two exceptions

41
Q

What are the two exceptions that allow officers in their own jurisdiction to make a warrantless arrest for a misdemeanor that occurred outside of their jurisdiction?

A
  1. Statute permits arrest outside the jurisdiction where misdemeanor occurred
  2. The misdemeanor involved breach of the peace and is continuing in the officers presence
42
Q

Warrantless arrest may be authorized under the terms of a _________ between municipalities

A

Mutual aid agreement

43
Q

Warrantless arrest outside of jurisdiction is authorized for what domestic violence crimes

A

Violation of a protective order anywhere in Massachusetts
Domestic assault or domestic assault battery anywhere in Massachusetts

44
Q

Can officers arrest a suspect in their jurisdiction who has committed an A&B against a family or household member in another Massachusetts community?

A

Yes

45
Q

Without statutory authority, any clear break in time or place render arrest _______________ for a misdemeanor that occurred in another jurisdiction

A

Improper

46
Q

For continuing breach of the peace, where should the offender be charged?

A

In the new jurisdiction. Use the officers from the original jurisdiction as witnesses in the underlying case.

47
Q

Courtesy booking is recognized, but not:

A

Required

48
Q

If de-escalation fails or is not feasible, officers may use _________ to affect a lawful arrest

A

Reasonable force

49
Q

A citizen may not forcibly resist arrest, even an unlawful entry into his home or an unlawful arrest by police, except if:

A

Police use excessive force

50
Q

Although citizens may not forcibly resist arrest, they may (2):

A

File a complaint with post or dept
File a civil lawsuit

51
Q

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

A

Yes, even if police persuade occupants to come outside

52
Q

Does offender have a high expectation of privacy (similar to a home which would require warrant, consent or exigency) at an open homeless shelter?

A

No

53
Q

Common areas and hallways of a multi-unit dwelling are considered ______ areas

A

Public

54
Q

Does the need for a warrant, consent or exigent circumstances to enter a home apply to guests?

A

It applies to overnight guests, but not visitors

55
Q

Does Massachusetts recognize out of state warrants to a enter home?

A

No. Officers in Massachusetts should apply for a fugitive warrant.

56
Q

Is a suspect is still considered inside their home when they answer the door?

A

Yes

57
Q

Is a suspect considered to be in public once they answer the door?

A

No

58
Q

Suspect does not consent to entry just because they open the door, valid consent requires that in occupant _________ officers to enter

A

Clearly invite

59
Q

The best practice to avoid litigation when making an arrest at someone’s home is to:

A

Get a warrant

60
Q

Before executing an arrest warrant, the police must have __________ that the defendant is present

A

Reasonable suspicion

61
Q

Is evidence that a suspect lives at a home enough reasonable suspicion that they are home ?

A

No

62
Q

Police go to an apartment to serve an arrest warrant. The door is ajar and they see someone inside. They enter and discover it is not the resident on the warrant, however they arrest that person for narcotics. Is this a good arrest or bad?

A

Good arrest because they had reasonable suspicion upon entering

63
Q

A protective sweep is a quick inspection of those places where

A

A person might be hiding

64
Q

A protective sweep must be

A

Quick

65
Q

Following an arrest inside, a building officers may sweep

A

The immediately adjoining area

66
Q

Following arrest inside a building in order for officers to sweep beyond the immediate area they must have

A

Reasonable suspicion that there may be someone who poses a danger

67
Q

To determine if officers can sweep beyond the immediate area, the court assesses 4 categories:

A
  1. Violent nature of crime and defendants criminal history.
  2. Location of arrest in relation to the area swept.
  3. Defendants resistance, or cooperation at time of arrest.
  4. The presence of other individuals or at least suspicion of their presence.
68
Q

A protective sweep may continue as long as

A

There is potential danger

69
Q

When does a protective sweep turn into needing a warrant to search for evidence including guns

A

Once the scene is secure

70
Q

Once someone is arrested and handcuffed at the door, can officer still perform a protective sweep inside?

A

No

71
Q

Is hearing someone else’s voice enough for a sweep?

A

No, there needs to be concerned for their safety

Crim Law Other (26 decks)

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