Exam 3 Flashcards
The most intrusive type of seizure, need probable cause
Arrest
Need to check validity immediately prior to arrest to verify that it is still valid (BPD special order 95-31)
Arrest Warrant
Needed to search home or motor vehicle
Search warrant
A. Arrest warrant for suspect
B. Search warrant for 3rd party dwelling absent consent of owner
3rd Party Dwelling
Straight Warrant: new charges
Default Warrant: issued by judge for not showing up to court (didn’t pay fine)
2 types of Warrants
Need to check that other state/jurisdiction will extradite- if so, you will arrest and then have a separate incident report and complaint packet because it’s a separate charge
Fugitive Warrant
A) intent
B) Communication
C) Control
Arrest
Probable Cause hearing within 24 hours
Jenkins Hearing
A) probable cause
B) arrestable offense
C) jurisdiction
Lawful Arrest
Must release forthwith and document
If additional facts change probable cause
A) allowed within one hour of arrival at station
B) Cannot withhold
C) no expectation of privacy- what they say is admissible in court
Phone call after arrest
500 yards
Boston police jurisdiction into Brookline and Newton
A) reliability/veracity
B) basis of knowledge (must be personal knowledge not street rumor/hearsay)
Aguilar Spinelli Test
A) known victim
B) known witness
C) other police officer
D) declaration against penal interest
E) good track record
Reliable Sources
A) Consent
B) Abandonment
C) Booking Search
D) Plainview
E) Incident to Lawful Arrest
F) Exigent Circumstances
Warrantless Searches (CAB PIE)
A) Voluntary: no coercion/duress
B) Intelligent: clear, explicit, plain
C) Knowingly: told of right to refuse, proper age, mental condition
Consent (VIK)
For __________ to be valid must be voluntary and informed
Consent
If consent is ________ officer must ________
Revoked, stop searching immediately
Officers ______ ask for consent to search during a traffic stop for MV infraction
Cannot
Officers must have _________ to ask for consent to search
Reasonable Suspicion
A) fresh and continuous pursuit
B) Exigent Circumstances
Exceptions to warantless arrest in private dwelling
Items discarded during pursuit by police as long as police had RS to conduct the stop at the beginning of the pursuit
Abandonment
Items discarded while police are following/watching
Also abandonment
A) Lawful Presence
B) Inadvertance
C) Seizable Evidence
Plainview (LIS)
A) Weapons
B) Avoid arrest or effect escape )means of escape)
C) Evidence of the crime for which the arrest is made
Search Incident to Lawful Arrest (MGL 276 s 1)
A) not a search for evidence
B) protect owners property
C) prevent false claims
D) prevent suicide
E) community caretaker function
F) aid in identification
Booking Search/Inventory
A) based on PC
B) determined by Duty Supervisor
C) must be done reasonably
Strip Searches
Collective Knowledge Doctrine
The knowledge of one is the knowledge of all
