Exam 1 Flashcards by Nellie Andrade

The taking under real or assumed authority, custody of another person for the purpose of holding him to answer to a criminal charge, or to prevent harm to others.

Arrest

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An act committed or omitted in violation of public law, either forbidding or commanding it to be done.

Crime

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Any crime punishable by death or imprisonment in the state prison

Felony

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Any crime less than a felony

Misdemeanors

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The level of proof that is more than reasonable suspicion, yet less than proof beyond a reasonable doubt

Probable Cause

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Implies a guest or examination. A prying into hidden places for that which is concealed.

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A forceful taking or dispossession of property of another, NOT accompanied by a search

Seizure

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The patting down of the outer clothing of a person, or area under his control to determine by sense of touch, the presence of a weapon.

Frisk

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That level of proof that is less than probable cause but more than mere suspicion

Reasonable Suspicion

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That a suspect has committed, is committing or about to commit a crime

Unlawful Design

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A process of inquiring questions & observations to link a specific individual to a specific crime

Investigation

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SPAR, Speech, Press, Assembly, Religion

(Speech- can be oral, written, social media, pictures)

1st Amendment

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Fighting words: Inflict injury, tend to incite an immediate breach of peace

Speech Plus: Incite immediate criminal activity (Riot)

Ex: Yelling “Fire” in a movie theatre

Speech NOT Protected

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5 or more people armed
10 or more armed or not
Unlawfully, riotously (acting up)

Unlawful Assembly (need both and activity)

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How can assembly be regulated

Time, Place, Manner

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Most people find to be unreasonably disruptive which do in fact infringe on someone’s right not to be disturbed.

Disturbing the peace

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Persons who cause public inconvenience, annoyance or alarm

Must occur in officer’s presence and on a public way or place

(engage in fighting/threatening behavior, no legit purpose)

Disorderly Conduct

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Prohibits unreasonable searches and seizures by government

4th Amendement

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Misdemeanors: In presence, breach of peace
Misdemeanor: in Presence
Misdemeanor: Probably Cause

3 Rights of arrest for Misdemeanor

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WAC
Warrant: issued by judge
Arrest: Felonies
Complaint Application: Summons

Rights of arrest

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How will you write MV tickets

Block letters or Capital Letters

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When will you use a dot on MA registration?

Vanity Plate (record as a dash)

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All MA REG can be identified as one of these plate type categories?

CAPO, Commercial, Passenger, Apportioned, other

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MA REG, the plate color is only applicable when those numerals and character are:

Blue, Green or Red

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When there's no number for the address, how do you record it?

X or OPP then Address (EX. OPP 85 Williams Ave)

Acceptable Abbreviations for Car Type (3)

4DR, 2DR, SW, PU,

If a motor vehicle has no registration plate, the vin must be recorded where?

Down the middle of the ticket

How many category of plate types are listed?

Patrol & Procedure: 4 Basic Functions

MEPP Maintain Order Enforce the Law Protect Constitutional Rights Provide Services

Patrol & Procedures: 4 Major Responsibilities

PAIR 1. Participate in court procedures 2. Apprehend culprits 3. Identify criminal activity & locate criminals 4. Reduce the crime opportunities through preventative patrol and other measures

3 Approaches to Patrol

1. Basic Patrol (Most Common, where officers patrol a defined beat, zone, or district. 2.Directed Patrol (Statistics, targeted, data collection) 3. Specialized Patrol (Plain clothes assignment, specific)

8 Patrol Types

1. Canine (drug & bomb) 2. Undercover/plain clothes 3. Bicycle 4. Boat/harbor 5. Foot patrol 6. Automobile 7.Motorcycle 8. Mounted

Chapter 265

Crime against person

Chapter 266

Crime against property

Chapter 209A

Domestic Violence

Chapter 269/140

Laws concerning fire arms & weapons

Chapter 272

Laws concerning public order (Disorderly conduct, disturbing the peace)

Chapter 94C

Drug & Narcotics

Chapter 138

Alcohol

In Massachusetts statues are gathered in

Massachusetts General Laws (MGL's)

Which 2 courts impact lawful police action in Massachusetts?

The Massachusetts Appeals Court Supreme Judicial Court

Every criminal offense is composed of?

Elements (these include actions, motive, & outcome)

Lesser included offense

An offense whose elements are a subset of the elements of the charged offense

Criminal Law

Body of law that deals with crime and legal punishment

Civil Law

The disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim (police don't get involved)

Mens Reus

The mental state (intent) of the offender

Actus Reus

The act of the crime

Common Law

A legal system based on custom and court rulings (AKA Case Law)

Spontaneous Utterances

Out of court statements uttered during the heat of the moment while under the stress or excitement of the event

General Intent

The defendant acted “intentionally” or “knowingly”

Accessory before the fact

someone who helps or encourages another person to commit a crime, but is not present when the crime is committed

Accessory after the fact

a person who knowingly aids someone who has committed a crime

Statue

Written laws enacted by legislatures that define specific, prohibited conduct

Reckless Intent

The defendant’s behavior consciously disregards the potential risk of harm to another

Malicious Intent

The offender intentionally commits an act (crime) with a purpose or objective

Felony

Any crime punishable by death or state prison.

Statute of limitations

Require criminal charges be filed within a specific numbers of years from the original date of the offense (MGL 277 Section 63) Statute for most crimes is 6 years Murder there is no time limit Armed robbery 10yrs

Beyond a reasonable doubt

Guilty in court conviction

Probable Cause

Arrest/search

Reasonable Suspicion

Stop/ threshold inquiry (can frisk)

Mere Suspicion

Observe/follow/voluntary encounter (free to leave)

Tours of Duty

Shift A. last half hour/Morning watch 23:45pm-07:30am Shift D: Day 07:30am-1600 Shift F: First Half 16:00-23:45pm

Area A

A1 (Downtown, Chinatown, beacon hill, waterfront, north end) A7 (East Boston) A15 (Charlestown) (substation of A1)

Area B

B2 (Roxbury) B3 (Mattapan)

Area C

C6 (South Boston) C11 (Dorchester)

Area D

D4 (South End, back bay, fenway, lower Roxbury) D14 (Allston, Brighton)

Area E

E5 (Roslindale, West Roxbury) E13 (Jamaica Plain) E18 (Hyde Park, Readville)

Firm adhere to a code of morals

Integrity

Capability of distinguishing between right and wrong.

Morals

MGL Chapter 41 section 101A

Shall not smoke at anytime (Tobacco)

Not eligable for enrollment in future, MPTC academy classes for min of 1 year and a max of 20

Disciplinary

Criminal complaint, abuse prevention order, or indictment has been issued/made against you.

Conformance to laws

Bigotry Exceptions

Academy role playing, necessary for police reports or courtroom testimony

Shall obey all lawful orders whether verbally or in writing and will be held accountable for all orders given.

Insubordination

All contact w/ staff will be professional at all times Social contact is prohibited

Fraternization

Administration of discipline shall carry the admonition that future misconduct will result in more severe discipline

Progressive Discipline

Report in writing, prescription medication, over the counter medication taken for the purpose of assisting in participation in the academy activities

Medication

70% average every subject area

Exams

Failure of 70% subject average =

Dismissal for non-disciplinary

Substance abuse, department will not tolerate (terminiated)

Rule 111

Employees shall on all occasions be civil respectful and courteous

Section 9

In official capacity must give: Name Rank Badge number

Section 20 (self identification)

How to communicate self identification

In a civil manner to any person who may require

The Boston Police Department is dedicated to working in partnership with the community to fight crime, reduce fear and improve the quality of life in our neighborhoods. Our mission is community policing.

BPD Mission Statement

For Department personnel

Rule 102

What do Police ethics seek to achieve?

Reinforcement of moral resolve Moral sensitization Imparting moral expertise

the legally granted right to issue commands or give direction to others

Authority

Money or any other valuable consideration given or promised with a view to corrupt the behavior of a person

Bribe

The performance by public official of an act that is legally unjustified, harmful or contrary to the law

Malfeasance

A thing given willingly to someone without payment, a present.

Gift

A conflict between a person's private interest and public obligations

Conflict of Interest

Inducement of a public official by improper means (i.e bribery, graft, extortion)

Corruption

Standards of principles of conduct governing a profession: the rules of conduct or duty

Ethics

3 basic principles of community policing

Partnership Problem solving Prevention (PPP)

Styles of Policing

Watchmen (Maintain order) Legalistic (Strict) Service style (Takes all calls seriously

3 Policing Strategies

Aggressive Patrol (Positive, target oriented, ch 90 violations) Random Patrol (Unpredictable) Direct Patrol (Utilizes crime analyzing, ex. a lot of break in's in an area)

Levels of Proof staircase

Beyond a reasonable doubt = Guilty in court conviction Probable cause = Arrest / Search Reasonable suspicion = Stop / Threshold Inquiry Mere Suspicion = Observe / Follow / Voluntary Encounter

Patting of outer layer of clothing to feel for a weapon Reasonable suspicion based on “specific and articulable facts” that a person is armed and dangerous

Frisk

Legal justification not needed to approach Police cannot compel cooperation or seize a person without legal justification

Voluntary Encounter

Minimum needed to lawfully detain an individual (limited / warrantless) stop to determine if you have probable cause No specific time (be reasonable for how long you keep someone) Pat frisk (Need specific and articulable facts to believe person is armed and dangerous) Less than probable cause more than a hunch

Reasonable Suspicion

Arrest / search More likely than not Cannot conduct search without probable cause

Probable Cause

Taking ID Touching person Activating Blue Lights Police saying “Police Stop”

seizure

Helps evaluate information from non police sources Two Prongs: You HAVE to have both (if you have both you’ll have probable cause) Versatility Basic Knowledge

Aguilar Spinelli Rule

Prohibits unreasonable searches and seizures by government

4th Amendement

Exclusionary Rule: Court created rule to remedy violations of the 4th amendment rights If probable cause does not exist at the time of an arrest, the arrest is an illegal one and any evidence associated will be suppressed Fruit of the poisonous tree: Evidence obtained illegally will be suppressed at trial Police Officers: Subject to civil lawsuits

4th Amendement Violations

Verbal commands to stop Physically grabbing individual (show of force) Blue Lights Retaining a citizens ID Number of officers Blocking a citizens path Using an authoritative tone Is the person free to leave

The stop starts when the pursuit begins

Extends to areas where the suspect realistically had, has or will have access to a weapon

Motor Vehicle Frisk

Reasonable suspicion Of drug activity allows detentions of vehicle for k9 sniff Dog altering to the presence of drugs rises to probable cause Use of dogs requires reasonable suspicion of illegal firearm possession Cannot be used for routine traffic stop

Use of K9