Exam 3

Question 1

The most intrusive type of seizure, need probable cause

Answer 1

Arrest

Question 2

Need to check validity immediately prior to arrest to verify that it is still valid (BPD special order 95-31)

Answer 2

Arrest Warrant

Question 3

Needed to search home or motor vehicle

Answer 3

Search warrant

Question 4

A. Arrest warrant for suspect
B. Search warrant for 3rd party dwelling absent consent of owner

Answer 4

3rd Party Dwelling

Question 5

Straight Warrant: new charges
Default Warrant: issued by judge for not showing up to court (didn’t pay fine)

Answer 5

2 types of Warrants

Question 6

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

Answer 6

Fugitive Warrant

Question 7

A) intent
B) Communication
C) Control

Answer 7

Arrest

Question 8

Probable Cause hearing within 24 hours

Answer 8

Jenkins Hearing

Question 9

A) probable cause
B) arrestable offense
C) jurisdiction

Answer 9

Lawful Arrest

Question 10

Must release forthwith and document

Answer 10

If additional facts change probable cause

Question 11

A) allowed within one hour of arrival at station
B) Cannot withhold
C) no expectation of privacy- what they say is admissible in court

Answer 11

Phone call after arrest

Question 12

500 yards

Answer 12

Boston police jurisdiction into Brookline and Newton

Question 13

A) reliability/veracity
B) basis of knowledge (must be personal knowledge not street rumor/hearsay)

Answer 13

Aguilar Spinelli Test

Question 14

A) known victim
B) known witness
C) other police officer
D) declaration against penal interest
E) good track record

Answer 14

Reliable Sources

Question 15

A) Consent
B) Abandonment
C) Booking Search
D) Plainview
E) Incident to Lawful Arrest
F) Exigent Circumstances

Answer 15

Warrantless Searches (CAB PIE)

Question 16

A) Voluntary: no coercion/duress
B) Intelligent: clear, explicit, plain
C) Knowingly: told of right to refuse, proper age, mental condition

Answer 16

Consent (VIK)

Question 17

For __________ to be valid must be voluntary and informed

Answer 17

Consent

Question 18

If consent is ________ officer must ________

Answer 18

Revoked, stop searching immediately

Question 19

Officers ______ ask for consent to search during a traffic stop for MV infraction

Answer 19

Cannot

Question 20

Officers must have _________ to ask for consent to search

Answer 20

Reasonable Suspicion

Question 21

A) fresh and continuous pursuit
B) Exigent Circumstances

Answer 21

Exceptions to warantless arrest in private dwelling

Question 22

Items discarded during pursuit by police as long as police had RS to conduct the stop at the beginning of the pursuit

Answer 22

Abandonment

Question 23

Items discarded while police are following/watching

Answer 23

Also abandonment

Question 24

A) Lawful Presence
B) Inadvertance
C) Seizable Evidence

Answer 24

Plainview (LIS)

Question 25

A) Weapons
B) Avoid arrest or effect escape )means of escape)
C) Evidence of the crime for which the arrest is made

Answer 25

Search Incident to Lawful Arrest (MGL 276 s 1)

Question 26

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

Answer 26

Booking Search/Inventory

Question 27

A) based on PC
B) determined by Duty Supervisor
C) must be done reasonably

Answer 27

Strip Searches

Question 28

Collective Knowledge Doctrine

Answer 28

The knowledge of one is the knowledge of all