Exam 3 Flashcards
Are seizures that initiate criminal prosecution
Arrests
Command police to take into custody, and bring before the court, the person named in the warrant
Arrest with a warrant
Must have actual knowledge that a warrant is outstanding must check __________ prior to arrest
Immediately
Is needed to arrest a person based on a warrant from foreign states and jurisdiction
Fugitive warrant
To classify of an arrest
ICC
Intent
Communication
Control
Police officers can make warrantless arrests if they have __ in specific circumstances
Probable cause
Probable cause hearing within 24 hours
Jenkins hearing
3 types of Lawful arrest
PAJ
Probable cause
Arrestable offense
Jurisdiction
Where do BPD have police powers? And how many yards into the city?
Brookline and Newton
500 yards
Suspects are allowed to use the telephone within _ hour of their arrival to the station
Does the suspect have expectations of privacy?
1 hour
No / What they say is admissible in court
5 Reliable sources for police
Known victims
Known witness
Other police officers
Declaration against penal interest
Good track record
Physical invasions or intrusion of privacy by police on police, homes, or personal property to obtain information or gather evidence.
Searches
6 Warrantless searches
CAB PIE
Consent
Abandonment
Booking Search
Plain view
Incident to lawful arrest
Exigent circumstances
Consent when provided willingly and without coercion, duress, threats, intimidation.
Voluntary
Consent
VIK
Voluntary
Intelligent
Knowingly
For consent to be valid, it must be ________ and __________.
Voluntary and clearly communicated
Plain View
LIS
Lawful presence
Inadvertance
Seizable evidence
Police can enter a home without a warrant, if they have a reasonable basis that someone is injured or imminent danger of physical harm.
Emergency Aid
Search incident to lawful arrest (c. 276 s 1) - looking for
Weapons
Need of escape
Evidence of the crime being arrested for
Purpose for inventory
- Safeguards owners property
- Protect police from accusations of theft
- Protect the place of detention from dangerous items
Commonwealth police can only make an arrest of a fugitive with an NCIC Warrant after conforming the out of state agency will ________.
What do you charge if so?
Extradite
Fugitive from justice
Aguilar Spinelli, Two Prong Test
Veracity (person has to be identifiable, person can’t remain unanimous)
Basis of knowledge
Consent has to be
Consent can be ______
Voluntary and clear
For Exigent Circumstances you need _____ and ___________.
Probable cause to search and
- A reasonable likelihood of danger
- A reasonable likelihood of imminent removal or destruction of property
If a K9 alerts the handler what you have?
Probable cause
3rd party dwelling need
a. Arrest warrant for suspect
b. Search warrant for 3rd party dwelling absent consent of owner
Two types of warrants
Straight Warrant (New)
Default Warrant (issued for not showing up to court)
