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MSP Policy & Procedure (To Be Updated) > DET > Flashcards

DET Flashcards

1
Q

DET-01: Warrant Management

How long does an arresting member have to produce a copy of a warrant to a detainee?

A

6 hours

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2
Q

DET-01: Warrant Management

Where are the NCIC/NOEX warrant folders kept?

A
  1. Troop HQ; or
  2. Station of entry as the WPD.
  • Also kept with it is a copy of the WMS warrant, driver’s license info, missing/wanted checks, BOP, Triple III, and other pertinent info.
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3
Q

DET-01: Warrant Management

How often should NCIC/NOEX warrants entered and maintained by Department entities be checked by designated personnel?

A
  • Weekly for recall notices from the courts; &
  • Quarterly additional checks for accuracy and compliance.

Note: A WMS “hit” is not always sufficient probable cause to arrest because there is a “recall” or “locate” that of course should not result in an arrest. Be careful of wording. Don’t assume a “hit” is confirmation. Look for a confirmation hit wording.

  • Court Clerk is responsible for entering, recalling, and removing a WMS warrant.
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4
Q

DET-01: Warrant Management

What is the timeframe given for confirmation response back to the requesting agency?

A
  1. Urgent: 10 minutes;
  2. Routine: 1 hour; or
  3. Cancel the warrant.
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5
Q

DET-01: Warrant Management

Person wanted by the Department has been arrested in another state as a fugitive from justice. Who shall the Troop Duty Officer contact once notified by the desk officer?

A

SPDU of Jurisdiction

  • Fake answers: Troop Commander, GHQ Communications, etc…
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6
Q

DET-01: Warrant Management

How often is CJIS certification?

A

Bi-annual

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7
Q

DET-01A: Warrants, Summons, or Subpoenas

What are the two types of default warrants?

A
  1. Felony or misdemeanor punishable by imprisonment for more than 100 days.
  2. Misdemeanors punishable by imprisonment for 100 days or less.
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8
Q

DET-01A: Warrants, Summons, or Subpoenas

What are your options if the person is not home when the service is attempted for a summons/subpoena?

A
  1. May leave w/responsible person residing at residence; or
  2. May be left at the last place of abode of the person named.

  • If living outside the area where service can be made, and there is sufficient time, it may be MAILED to the last known address.
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9
Q

DET-02: Custodial Inventory

Do you have to inventory a detainee’s property in front of him/her?

A

No,
BUT if possible then you will.

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10
Q

DET-02: Custodial Inventory

If a detainee leaves the Department’s custody, or is transported or transferred to another facility, and the detainee’s valuable property, currency or jewelry is not returned, the Desk Officer shall immediately contact which person?

A

Notify the Troop Duty Officer

  • EXAM question: fake answers were PS, Troop Commander, OIC of facility.
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11
Q

DET-02: Custodial Inventory

Key Points to Remember:

  1. Strip Searches
  2. Body Cavity Searches
A
  1. Strip Searches:
  • Supervisor approval or exigency required.
  • Whenever practical, 2 members of the same gender identification as the detainee.
  1. Body Cavity Searches:
  • Shall NOT conduct visual searches or physical intrusions into body cavities.
  • Supported by a high degree of probable cause.
  • Judge issued warrant required.
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12
Q

DET-03: Detainee Transportation

Detainee Transport and Seating Chart Information

A

Detainee Transport Information:

  • Supervisor approval needed to transport two detainees at a time.
  • Second member needed when there’s no barrier.
  • Opposite gender detainees not transported together.

Seating Chart Information:

  • 1 officer+1 detainee, no barrier = right front.
  • 2 officers+1 detainee, no barrier = right front w/second officer behind.
  • 2 & 2, no safety barrier = detainees on both right sides.
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13
Q

DET-03: Detainee Transportation

Who is needed for approval when a detainee shall be allowed to participate in any operation and/or function?

A

Division Commander

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14
Q

DET-03: Detainee Transportation

Air Travel:
What protocols are followed by Troop/Section Commanders when members under their command fly commercial airlines while armed?

A
  • An admin message sent to TSA by GHQ Communications via NLETS requesting alphanumeric identifier receipt.
  • Member SHALL carry receipt and the appropriate number of original Letters of Authority signed by Troop/Section Commander.
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15
Q

DET-03: Detainee Transportation

Air Travel:
What information do Letters of Authority to fly armed contain?

A
  • Member name
  • Dates and itinerary
  • TSA LEO Flying Armed Program certification
  • Circumstances for the need to carry a firearm
  • The original signature of their Troop/Section Commander and a contact number for verification
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16
Q

DET-03: Detainee Transportation

Air Travel w/Detainee:
List the protocols when flying with a detainee.

A
  • Notify TSA 1 hour before the flight.
  • Notify TSA 24 hours before (or as soon as possible) when it’s a “high risk“ detainee/2 members will escort and check-in at least 1 hour before/only 1 high risk on a flight at one time.
  • Ask to board first and leave last.
  • Sit in the rear and no detainee in aisle seat.
  • Ensure no food, utensils, etc. be given directly without checking items first.
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17
Q

DET-04: Holding Facility Design & Inspection

What is the holding time for a temporary confinement cell or lockup?

A

Less than 72 hours

  • Detainees must have access to a wash basin, bed, etc…when held in excess of 8 hours.
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18
Q

DET-04: Holding Facility Design & Inspection

How often do members have retraining for the use of holding facilities, temporary detention room(s) or area(s)?

A

Once every 3 years.

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19
Q

DET-04: Holding Facility Design & Inspection

Station Commander daily inspection key point(s)

A

Daily inspection:

  • Visual inspection of fire detection and suppression equipment;
  • Cell bars, doors, locks, windows, ventilation, lights, monitors, and security devices;
  • First-aid kits;
  • Search for weapons or contraband; and
  • Sanitation, including vermin and pest inspection.
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20
Q

DET-04: Holding Facility Design & Inspection

Station Commander weekly inspection key point(s)

A

Weekly inspections:

  • Inspect Watchman to ensure proper functionality;
  • Run a printout of the previous week’s cell checks;
  • Examine the printout for compliance and discrepancies; and
  • Retain the weekly printouts for 1 year.
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21
Q

DET-04: Holding Facility Design & Inspection

Station Commander monthly inspection key point(s)

A

Monthly inspections:

  • Automatic Fire Alarm System Test

Remember:

  • Monthly is Auto Alarm (MAA) vs. Semi-Annual is Suppression Equipment
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22
Q

DET-04: Holding Facility Design & Inspection

Station Commander semi-annual inspection key point(s)

A

Semi-Annual inspections:

  • Fire suppression equipment test; and
  • Review guidebook for accuracy.

The only annual check:

  • Administrative review of holding facilities and procedures to be completed concurrent with the Department of Public Health inspection.
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23
Q

DET-04: Holding Facility Design & Inspection

For incidents involving cell damage, Troop Commanders shall notify who?

A

DAS Commander (who contacts the Department of Public Health).

Note:

  • Cells NOT ready for use shall be kept closed, locked, and the “NOT READY FOR USE” status posted.
  • Cells that do NOT pass inspection shall be kept closed, locked, and posted with an explanation of the deficiency .
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24
Q

DET-04: Holding Facility Design & Inspection

How frequently are reports regarding temporary detention facilities due?

A

Annually;

  • Troop Commander to DFS Commander due no later than November 30th.
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25
Q

DET-05: Identification of Persons in Department Custody

Are juveniles arrested as a Delinquent Child fingerprinted and photographed?

A

YES

Note:

  • All felonies (adults and juveniles) SHALL have palmprints recorded, if available.
  • Arrested persons shall not be considered eligible for bail until their fingerprints have been accepted and verified by AFIS.
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26
Q

DET-05: Identification of Persons in Department Custody

At the Troop level, who is responsible for officers being properly trained in the use of fingerprinting/biometric equipment, that such equipment is operational, and proper supplies are available?

A
  1. Sub-station Supervisors; &
  2. Case & Reports Officer
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27
Q

DET-05: Identification of Persons in Department Custody

When there is a situation when mutilated prints are observed, who may be contacted to assist and by who?

A

Troop Duty Officer may contact CSSS to assist.

28
Q

DET-06: Detainee Monitoring

What SHALL Desk Officers ask a detainee whenever one enters an MSP facility?

A

Ask detainees if they require medical assistance and record any actions needed.

  • DAJ notes: date and time entering, reason for detention, and condition including observed issues.
  • Log date and time of departure.
29
Q

DET-06: Detainee Monitoring

What is the time to meal ratio in which detainees will be provided food?

A

Detainees held over 4 hours SHALL have meals provided at regular meal times, 3 meals a day.

30
Q

DET-06: Detainee Monitoring

What DAJ information SHALL be recorded if a detainee’s attorney calls the barracks?

A
  • Name of who received the call.
  • Name of calling counsel to include BBO.
  • Name of member delivering the message.

Note: Pass along an attorney’s message that advises the detainee not to talk to investigators (same message by third party doesn’t have to be delivered).

31
Q

DET-06: Detainee Monitoring

When after a Q-5 incident SHALL a CJIS Q-5 entry be entered?

A

Prior to the end of the shift.

  • Any transfer must note the incident in writing.

Notes:

  • If a member is requested by EMS to ride inside the transporting ambulance due to concerns about safety or flight risk regarding that detainee, another member and a cruiser shall then follow directly behind the ambulance; and the Troop Duty Officer shall be informed of any such incidents .
  • Extended hospital stays: Request hospital staff “block” the detainee’s name so outside caller does not know location.
  • 2022 Lt Q book: A detainee who makes suicidal threats to another detainee will be monitored as if the threats were made to a Trooper. Transport to a medical facility is also an option.
32
Q

DET-06: Detainee Monitoring

Does a detainee have to request a copy of his/her arrest warrant or is it the arresting trooper’s responsibility to provide it automatically?

A

A detainee shall, UPON REQUEST, be provided a copy within 6 hours of the request.

33
Q

DET-06: Detainee Monitoring

What items may a detainee receive from an outside delivery?

A
  1. Funds;
  2. Prescription medication;
  3. Clean clothing

Note:

  • All will be inspected and then appropriately logged.
  • NO outside food.
34
Q

DET-06: Detainee Monitoring

When there is a detainee death, how long does the Station Commander have to submit a report of the incident to the Troop Commander along with all other related reports?

A

4 business days.

  • Troop Commander to OCME > 7 days.
  • Reviewing Commissioned Officer to Troop Commander > 4 days.
  • Same times for PREA response.

Note: 4-7-4 Rule.

35
Q

DET-06: Detainee Monitoring

What are the Troop Duty Officer duties if a detainee escapes or is wrongfully released?

  • Past Exam Question
A

Notify/Request:

  • K-9, Air Wing & tactical resources as deemed necessary;
  • Dispatch a supervisor to the scene to:
    o Assume control of operation;
    o Investigate;
    o Prepare report w/findings & recommendations;
  • Troop Commander;
  • GHQ Communications;
  • SPDU of jurisdiction; and
  • Appropriate DAJ entries

Note: Be careful of fakes like “contact VFAS.”

36
Q

DET-07: Detainee Sexual Abuse and Sexual Harassment

Who can authorize overcrowding of a State Police facility with detainees on a temporary basis?

A
  1. Station Commander; or
  2. Troop Duty Officer
37
Q

DET-07: Detainee Sexual Abuse and Sexual Harassment

What factors SHALL Station Commanders consider when
determining adequate staffing plans?

A
  • The physical layout of the lock-up;
  • The composition of the detainee population;
  • The prevalence of sexual abuse incidents; and
  • Any other relevant factor(s).

Note: Station Commander shall document and justify all deviations from the staffing plan and shall forward to the PREA Coordinator.

38
Q

DET-07: Detainee Sexual Abuse and Sexual Harassment

Under the PREA Coordinated Response Plan, what Desk Officer duties are listed that you would typically expect the Troop Duty Officer to handle?

Note:

  • This is not a comprehensive list but notes the most important ones.
A
  • Notify the SPDU/Specialized PREA investigator(s) of jurisdiction;
  • Make best efforts to ensure that examinations are conducted by SAFE, SANE, or qualified practitioner performs forensic medical exams.
  • Notify Troop Duty Officer & Station Commander.
39
Q

DET-07: Detainee Sexual Abuse and Sexual Harassment

Under the PREA Coordinated Response Plan, what two people should the Troop Duty Officer contact first?

A
  1. Troop Commander; and
  2. PREA Coordinator
40
Q

DET-07: Detainee Sexual Abuse and Sexual Harassment

Under the PREA Coordinated Response Plan, how long does the Station Commander have to submit a report of the incident to the Troop Commander along with all other related reports?

A

4 business days

  • Troop Commander to OCME>7 days.
  • Reviewing Commissioned Officer to Troop Commander>4 days.

Note:

  • Same times for detainee death (4-7-4 Rule).
41
Q

DET-07: Detainee Sexual Abuse and Sexual Harassment

Who may Department employees privately contact to report sexual abuse and/or sexual harassment?

A
  1. PREA Coordinator;
  2. Filing a complaint w/ OPIA; OR
  3. PREA third party contact number posted on Department website and PREA informational brochure.
42
Q

DET-07: Detainee Sexual Abuse and Sexual Harassment

How long does the Colonel have to make notification for abuse reports from outside facilities/agencies?

A

Make notification no later than 72 hours after receiving the allegation.

43
Q

DET-07: Detainee Sexual Abuse and Sexual Harassment

Detainee Use As An Interpreter:

In what instances can a sworn member use a detainee as an interpreter or reader or otherwise request assistance from another detainee?

A

Only in limited circumstances where an extended delay in obtaining an effective interpreter, could compromise the following:

  1. Detainee safety;
  2. Performance of first responder duties; or
  3. The investigation of the detainee’s sexual abuse/harassment allegations.
44
Q

DET-07: Detainee Sexual Abuse and Sexual Harassment

Who assigns the PREA Coordinator to the position and what rank is that officer?

A

Colonel - assigns a DIS Detective Captain.

45
Q

DET-07A: Detainee Sexual Abuse…Data Collection.

Under status reports, how long must the Department Investigator retain the applicable reports?

A
  • According to the Commonwealth’s retention schedule; OR
  • As long as the alleged abuser is incarcerated; OR
  • Employed by the agency, plus 5 years, whichever is longer.
46
Q

DET-07A: Detainee Sexual Abuse…Data Collection.

Under the policy section in DET-07A, what two departments shall the State Police ensure full compliance to for the standards within the federal laws and mandates regarding PREA for alleged sexual crimes committed on adults and juveniles held in confinement?

A
  1. Department of Correction; or
  2. Department of Youth Services
47
Q

DET-07A: Detainee Sexual Abuse…Data Collection.

How long does the PREA Coordinator (with consultation from Incident Review Team comprised of Station Commander and all pertinent individuals) have to conduct a review of an investigation?

A

Within 30 days of the conclusion of the investigation.

  • 10 year retention of PREA Coordinator’s annual report/Department data collected, etc…
48
Q

DET-08: Gender Identity & Expression

Definitions:
-Gender Non-Conforming Female
-Gender Non-Conforming Male

A

Opposite

  • The female is born a male, etc…
49
Q

DET-09: Juvenile Operations

Explain criminal charges for the following two age groups:
1. Under Age 12
2. Age 12-17

A
  1. Under age 12 CANNOT be charged with a crime.
  2. Summons preferred, arrest if there is reason to believe they will default.
50
Q

DET-09: Juvenile Operations

Status Offender is defined as a juvenile engaged in unlawful activity (and if an adult) that would be classified as non-criminal.

Note: List examples of juvenile status offenders.

A
  • Child placed in protective custody.
  • Curfew violations.
  • Child Requiring Assistance (CRA, ages 6-17): runaway, fail to obey guardian, habitually truant, sexually exploited, etc.
51
Q

DET-09: Juvenile Operations

What is Runaway Assistance Program (RAP)?

A

Assist officers who are dealing with runaways during hours that juvenile court is closed (Call 2-1-1).

Note:

  • Will be directed to the closest Emergency Service Program (ESP).
52
Q

DET-09: Juvenile Operations

Delinquent Child is a child between 12 and 18 who commits any offense against the Commonwealth.

Note: List the offenses NOT included for a Delinquent Child.

A
  • Civil infraction.
  • Ordinance or By-Law.
  • First offense misdemeanor punishable for not more than 6 months sentence.
53
Q

DET-09: Juvenile Operations

Non-Secure Detention:

List requirements for any juvenile who is a status offender (or in protective custody).

A
  • Holding area is unlocked.
  • Held long enough to ID and process then SHALL be released to appropriate adult or transferred.
  • Continual visual supervision.
  • No access to confidential info/CJIS.
  • No handcuffing to any stationary object.

Note: STATUS OFFENDER can be handcuffed but NOT to a stationary object/No “secure detention.”

54
Q

DET-09: Juvenile Operations

INFORMATIONAL KEY POINTS

A
  • Juvenile PC-alcohol=CANNOT BE securely detained for any time!
  • Juvenile PC-drugs=immediate ER transport
  • Juvenile>Child Requiring Assistance (CRA)= DON’T BRING TO BARRACKS!!!
55
Q

DET-09: Juvenile Operations

  1. How long may a juvenile be held in (secured detention) police custody?
  2. How long for non-secure detention?
A
  1. 6 hours for secured detention; and
  2. Non-secure detention: Only long enough to complete processing and then release to an adult or a transferred to an alternative facility.

Note:

  • Juvenile under 14 NOT placed in secure detention!
  • Juvenile between 14 and 18 DYS certified cells only! If not then NO cell!
56
Q

DET-09: Juvenile Operations

Who contacts the parent, guardian, or DCF?

A

Troop Duty Officer OR designee.

  • No longer contact the juvenile probation officer, no on-call program anymore.
57
Q

DET-09: Juvenile Operations

Arrest After Court Hours

  • Per M.G.L. c119s67, what juvenile ages, arrested without a warrant, are prevented from being admitted to bail and therefore must be released to a parent, guardian, custodian, DCF rep?
A

12 or 13 years old

58
Q

DET-09: Juvenile Operations

What is the time/days when a juvenile can be transferred to the Overnight Arrest Program?

A

After 1800 hours on weeknights and anytime on weekends/holidays.

59
Q

DET-09: Juvenile Operations

Protective Custody Where Controlled Substances Are Unlawfully Kept or Possessed

Under the above situation, how long may officers lawfully take such a child into PROTECTIVE CUSTODY?

A

Not to exceed 4 hours

60
Q

DET-09: Juvenile Operations

Can the same bail clerk that set the bail conduct the Jenkins Hearing (Overnight Arrest Program)?

A

No;
It has to be a different/neutral Bail Clerk.

Note: If a parent, guardian or custodian refuses to take custody of a juvenile who is otherwise eligible to be released, the Troop Duty Officer, or designee, shall file a 51A and notify DCF via the DCF hotline for placement.

61
Q

DET-09: Juvenile Operations

Who is responsible for the expungement of barracks juvenile records?

A

DAS
(according to statewide retention schedule)

62
Q

DET-09: Juvenile Operations

How often do barracks with DYS certified cells have to submit a lockup docket?

A

Monthly

  • Required by EOPSS directed within CJIS Extranet.
63
Q

DET-10: Protective Custody

How does this policy define ASSISTING officer?

A

The sworn member placing a person into protective custody.

64
Q

DET-10: Protective Custody

Within the two-step process for determining incapacitation, what is the difference on step two for alcohol vs substance other than alcohol?

A

Assessment of intoxication (alcohol) vs. assessment of impairment (substance other than alcohol).

Note: Incapacitation for both alcohol and drugs is “DUMP”

  1. Disorderly;
  2. Unconscious;
  3. Medical attention (in need of);
  4. Property damage or injury risk.
65
Q

DET-10: Protective Custody

Under Step II, what is the Determination of Incapacitation (p.2)?

A

.10 BAC

  • Sobriety Testing - If any person has a BT of .06, .07, .08 or .09, police are authorized to administer sobriety testing. Only when such test of coordination or speech
    coherency indicates said person is intoxicated they shall be placed in protective custody
  • .05 or less is released forthwith (except minor to responsible adult).
  • No adult to be held more than 12 hours.
66
Q

DET-10: Protective Custody

What are the reasons that justify a member placing a child into protective custody due to 94C being in residence with the child?

A
  1. Not reached 18th birthday;
  2. In presence of a Class A, B, or C drug (NOT D!);
  3. Member believes said drug(s) are in violation of the law ; AND
  4. Child knew of their presence .

Remember: Not more than 4 hours and this is where drugs are located.

MSP Policy & Procedure (To Be Updated) (10 decks)

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