Crim Proc. Arrest Jurisdiction & Execution Flashcards
Transit officers are authorized to enforce the law on any:
MBTA property and within the 175 cities and towns served by or containing Mbta facilities
College and university police officers are appointed as:
Special state police officers
College and university officers can make arrests for ______ crime committed in property owned, used or occupied by their institution
Any
Can college/university officers make arrests on public ways that connect campus facilities
Yes
Can college or university officers conduct civil motor vehicle enforcement
Public college and university officers can
Private college and university officers can’t
Deputy sheriffs may exercise law enforcement authority within their counties if:
Certified by post
Campus police officers may not execute an arrest warrant off campus unless:
It is connected to a crime on campus or involves a member of the campus community
Officers may always go outside their jurisdiction to investigate as long as they don’t (3):
Detain, search or arrest a suspect
If suspect arrested in one town, can officers go search their vehicle in another town under the motor vehicle exception
No
Officers watch a heroin sale occur just over the town line. Can they go make the arrest?
Yes because distribution of class A is a felony
A Massachusetts police officer in _________ of someone who has committed a _______ may continue into the border STATE to make an arrest
Fresh pursuit
Felony
After an out of state arrest under fresh pursuit of felon, the offender must be brought before a court within the county:
Where the arrest took place
Is a stop made outside an officer’s jurisdiction if made with lights and sirens permissible?
Yes but officer has to notify the town the stop occurs in and wait for that officer to come make contact with the vehicle
A vehicle stop that ends outside of jurisdiction is acceptable because the court classifies it as “__________”
Reasonable investigatory stop by a citizen
In order to stop a misdemeanor suspect outside their jurisdiction, officers must have legal authority. The 4 major reasons include:
Mutual aid
Fresh pursuit
Requisition
Transferred authority
What is the best way to avoid challenges to police jurisdiction
Mutual aid agreement
When towns have a mutual aid agreement and an out of town officer makes a car stop, they must notify the host community ________
As soon as practically possible
The three things not eligible to be part of mutual aid agreements
MBTA, universities and colleges
Who may initiate request for aid for any public safety incident
Chief or OIC
Who is responsible for defending officers from civil claims by third parties, including while in transit to or from the incident
The requesting jurisdiction
Who is responsible for salary and equipment costs during mutual aid
The sending jurisdiction
The sending jurisdiction keeps records of its expenses. If the requesting jurisdiction receives federal or state aid, the sending jurisdiction:
Shares those funds
Can mutual aid jurisdictions agree to additional terms for particular incidents?
Yes
Officers may engage in “fresh and continuous pursuit” to stop an offender for any ________ committed in their presence within their jurisdiction
Arrestsble offense
Can pursuit consist of just following or does it have to involve lights and sirens
Can consist of just following
What typically proves a mutual aid agreement was properly activated?
Police testimony
Do officers need probable cause to leave their jurisdiction?
No, just reasonable suspicion
Does an outstanding warrant constitute an arrestable offense for fresh pursuit
Yes
Does fresh pursuit have to be by the same officer?
No
Who is given authority for the requisition of officers?
The OIC
Transferred authority is allowed for civil infractions that
Threaten public safety
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
The facts just have to show
Fresh pursuit can only go into another state if there’s
Felony
Can an officer outside his jurisdiction that’s involved in a motor vehicle accident detain the driver pending the arrival of local police
Yes, even if in personal car
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:
Does not attempt to collect evidence that a private citizen would not be able to gather
As a last resort, a lack of jurisdiction may be overcome by:
The inevitable discovery rule
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
Yes. Officers may establish suspects identity and develop probably cause for the original crime. They may also check for warranfs
When officers detain an offender from another community, how do they determine whether they may arrest him? (3)
- Existence of warrant
- Commission of felony
- Commission of misdemeanor for which there is right of arrest
If officers detain an offender from another community and they determine that they may not arrest him what should be done?
Police from the original jurisdiction should apply for complaint based on info about offenders identity furnished by officers who conducted the stop
In general can officers in their own jurisdiction, make a warrantless arrest for a misdemeanor that occurred outside their jurisdiction
No. There are two exceptions
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?
- Statute permits arrest outside the jurisdiction where misdemeanor occurred
- The misdemeanor involved breach of the peace and is continuing in the officers presence
Warrantless arrest may be authorized under the terms of a _________ between municipalities
Mutual aid agreement
Warrantless arrest outside of jurisdiction is authorized for what domestic violence crimes
Violation of a protective order anywhere in Massachusetts
Domestic assault or domestic assault battery anywhere in Massachusetts
Can officers arrest a suspect in their jurisdiction who has committed an A&B against a family or household member in another Massachusetts community?
Yes
Without statutory authority, any clear break in time or place render arrest _______________ for a misdemeanor that occurred in another jurisdiction
Improper
For continuing breach of the peace, where should the offender be charged?
In the new jurisdiction. Use the officers from the original jurisdiction as witnesses in the underlying case.
Courtesy booking is recognized, but not:
Required
If de-escalation fails or is not feasible, officers may use _________ to affect a lawful arrest
Reasonable force
A citizen may not forcibly resist arrest, even an unlawful entry into his home or an unlawful arrest by police, except if:
Police use excessive force
Although citizens may not forcibly resist arrest, they may (2):
File a complaint with post or dept
File a civil lawsuit
Are warrantless arrests authorized in public, even if there is ample time to obtain a warrant?
Yes, even if police persuade occupants to come outside
Does offender have a high expectation of privacy (similar to a home which would require warrant, consent or exigency) at an open homeless shelter?
No
Common areas and hallways of a multi-unit dwelling are considered ______ areas
Public
Does the need for a warrant, consent or exigent circumstances to enter a home apply to guests?
It applies to overnight guests, but not visitors
Does Massachusetts recognize out of state warrants to a enter home?
No. Officers in Massachusetts should apply for a fugitive warrant.
Is a suspect is still considered inside their home when they answer the door?
Yes
Is a suspect considered to be in public once they answer the door?
No
Suspect does not consent to entry just because they open the door, valid consent requires that in occupant _________ officers to enter
Clearly invite
The best practice to avoid litigation when making an arrest at someone’s home is to:
Get a warrant
Before executing an arrest warrant, the police must have __________ that the defendant is present
Reasonable suspicion
Is evidence that a suspect lives at a home enough reasonable suspicion that they are home ?
No
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?
Good arrest because they had reasonable suspicion upon entering
A protective sweep is a quick inspection of those places where
A person might be hiding
A protective sweep must be
Quick
Following an arrest inside, a building officers may sweep
The immediately adjoining area
Following arrest inside a building in order for officers to sweep beyond the immediate area they must have
Reasonable suspicion that there may be someone who poses a danger
To determine if officers can sweep beyond the immediate area, the court assesses 4 categories:
- Violent nature of crime and defendants criminal history.
- Location of arrest in relation to the area swept.
- Defendants resistance, or cooperation at time of arrest.
- The presence of other individuals or at least suspicion of their presence.
A protective sweep may continue as long as
There is potential danger
When does a protective sweep turn into needing a warrant to search for evidence including guns
Once the scene is secure
Once someone is arrested and handcuffed at the door, can officer still perform a protective sweep inside?
No
Is hearing someone else’s voice enough for a sweep?
No, there needs to be concerned for their safety
