Exam #1 - #4 Flashcards
“Conflict”
Defined as a Fight, battle, or Struggle
Rule 318 s. 4
-Complete Booking Sheet
-Photograph Prisoner
-Inventory Prisoners Belongings
-Remove Harmful items
-Check States Suicide List (Q5)
-Transmit Booking Folder to ID Unit
-Property Sheet, Booking Sheet, Disposition Sheet Shall follow Prisoner to other facility if Necessary
Motor Vehicle Inventory Purpose (3)
-Protect Victim from risk of Property Damage
-Minimize Claims of Theft by Police
-Protect Police and Public from Dangerous Items
Inventory Search of a Motor Vehicle (2)
-Lawful Custody of MV
-Follow Written Department Guidelines
“Scope”
The place to be Searched
“Intensity”
Where in the Scope you May Search
MGL 276 s. 1: Categories of Seizable Evidence (5)
-Contraband
-Instrumentalities
-Fruits of the crime
-Living Person with Outstanding Arrest Warrant
-Dead Human Body
“Curtilage”
The Immediate Area Surrounding a Dwelling that Extends to Driveways, Sheds, Yards, etc. Proximity to the Home is Generally 75 Feet.
(Consider if its Enclosed, Fenced, or Protected from Observation, and the Nature of Use.)
Search of all Occupants During a Search Warrant
Only When Warrant States “All Occupants”, or Probable Cause. or Reasonable Suspicion to Frisk
Protective Sweep
A Limited, Warrantless Search for People, Not Evidence. Reasonable Belief that Safety is in Jeopardy
Motor Vehicle Exception Search (2)
-Public Way
-Probable Cause
Search Warrant Execution
-As soon as Reasonably Possible
-Knock and Announce
-Within 7 Days of Issuance
-Between 6am - 10pm (Unless SJA by Judge)
-Must Possess Copy in Hand
Reasonable Expectation of Privacy (6)
-Home
-Body
-Curtilage
-Personal Property
-Place of Business
-Electronic Devices
Affidavit for Search Warrant
-Color / Size
-Make / Model / Serial Numbers
-Unique Identifying Features
-Recent Photographs
Who has Authority and Jurisdiction to Issue a Search Warrant?
-District Judge / Clerk Magistrate
-Superior Judge / Clerk Magistrate
Search Incident to Lawful Arrest
Evidence of the Crime, Weapons to Avoid Arrest, or Effect Escape
(Only Passenger Compartment)
MGL 265 s. 13M
Assault and Battery in Intimate Relationships (Married, Substantive Dating, etc.)
3 Types of Right of Access
-Right of access- General Population has right of access
-Invitee: Public access upon invitation
-Licensee: Given explicit permission from business or establishment
Elements of Operation
-Inside the vehicle
-Intentional manipulate mechanical/electoral mechanism
-Set in motion
“Motor Vehicle”
All vehicles constructed and designed for propulsion by power other than muscular power.
Includes: Cars, trucks, motorcycles, all terrain, recreation, snow vehicles and vehicles being towed
Does not Include: Railroads, trollies, vehicles running on rails or tracks, wheelchairs, vehicles operated by person on foot, motor bikes, mopeds, and scooters
Indicators of a Public Way
-Concrete or asphalt
-Street signs
-Drainage, curbing, sidewalks
-Traffic signals
-Painted lines / passing zone lines
-Government deeds and Certifications
What is a Public Way
Any Street or Highway open to the Public, and Controlled and Maintained by some Level of Government
Motor Vehicle Violations 2 types:
-Civil motor vehicle infractions
-Criminal violations
MV Law Sources
-Mass General Law (MGL)
-Code of Mass Regulations (CMR)
-City Ordinances and Town by-laws