Jurisdiction,Searches & Miscellaneous. Laws Flashcards
When can a local police officer make a arrest outside of his/her jurisdiction (with Massachusetts):
1) Fresh & continued pursuit of an arrestable offense committed in the officer’s presence within his/her jurisdiction. Ch41 Sec 98A
2) A valid arrest warrant issued in Massachusetts (from any county)
3) Mutual Aid (either by prior agreement or by request from the jurisdiction’s OIC)
4) Felony (upon probable cause)
5) Transferred Authority-Ch37 Sec 13
When can Massachusetts police officer pursue and arrest a suspect outside the borders of Massachusetts?
The crime must be a felony and the jurisdiction entered must have the same provision.
Ch276-Sec 10A & 10B
NOTE: All states bordering Massachusetts have this same provision.
When is an officer required to advise a person of his or her Miranda Warnings?
When both of the below exist:
1) Custody : AND
2) Interrogation
Exceptions: ROADSIDE QUESTIONING during a routine traffic stop (including OUI stop). SPONTANEOUS STATEMENTS, PUBLC SAFETY EXCEPTION (i.e. where’s the gun!) and ROUTINE BOOKING QUESTIONS (with some rare exceptions)
When can a police officer lawfully enter a dwelling?
1) Consent
2) Exigent circumstances (Forde Factors for an Arrest)
3) Warrant
4) Emergency Circumstances (i.e.someone in need of help or to prevent property damage)
What are the criteria for determining exigent circumstances that the court will look at for the purposes of a warrantless entry to make an arrest inside a dwelling?
These are commonly referred to as Forde Factors (Comm vs Forde):
1) crime was one of violence or
2) that suspect was armed,
3) clear demonstration of probable cause,
4) strong reason to believe that suspect was in dwelling, and
5) likelihood that suspect would escape if not apprehended
Additional considerations: whether the entry is:
1) peaceable and
2) Whether the entry is in the nighttime
Who is authorized to issue search warrants in Massachusetts?
1) Justices of Supreme Judicial Court
2) Justices of the Superior Court
3) Justices of the District Courts
4) Clerks of the District Court
5) Assistant Clerks of the District Court
6) Temporary Clerks of the District Court
7) Assistant Temporary Clerks of the District Court
How long after the issuance of a criminal search warrant can it be executed?
Must be executed within a reasonable period of time, however, no longer than 7 days after issuance.
Ch276-Sec 3A
In regards to a search warrant, what is the time frame that constitutes a nighttime search?
10:00 PM to 6:00 AM
Comm vs Grimshaw
When must the searching police officer file the return for a search warrant issued to him/her?
As soon as it is served (But no longer than 7 days after issuance)
Ch 276 Sec 3A
In regards to administrative inspections, what types of businesses have been deemed “closely regulated” and subject to regular administrative inspections?
1) Pharmacies
2) Liquor stores
3) Used car dealers
4) Used motor vehicle parts dealers
5) Gun shops
6) Paw shops
NOTES: police cannot use administrative inspections as a means of circumventing the search warrant requirement for a criminal offense. This list is not exhaustive.
What is required for the police to obtain a search warrant for crimes involving the lawful sale of alcohol?
A complaint received by two persons of “full age” (adults)
NOTE: the return to the court must be completed “as soon as may be”
Ch138 Sec 42
When can a Massachusetts Police Officer arrest a person wanted on an arrest warrant issued by another state?
The crime must be:
1) punishable by death. or
2) punishable by imprisonment exceeding 1 year
NOTE: the warrant itself is actually not valid in Massachusetts. The person is arrested and charged as a fugitive from justice. Thus, you could not enter a dwelling based on the “warrant”.
Ch 276 Sec 20B
When a person is arrested the police officer may search the person for only two things as a search incident to an arrest: What are they?
1) Fruits, instrumentalities, contraband and other evidence of the crime for which the arrest has been made.
2) Weapons (which may be used to escape or resist arrest)
NOTE: police may later conduct an administrative search during booking.
What are the Miranda Warnings?
1) You have a right to remain silent
2) If you choose to speak anything you say will be used against you in a court of law
3) You have the right to talk with a lawyer and have him present in the event you decide to answer questions
4) If you cannot afford a lawyer one wil be provided to you by the Commonwealth without cost to you
NOTE: the above are required (or a similar version) MA courts also have encouraged the warning that “if you decide to answer questions you may stop at any time” but this is not legally required.
What is the automobile exception?
The INHERENT MOBILITY OF THE VEHICLE (exigency) allows for a search of a motor vehicle WITHOUT A WARRANT if the officer has probable cause that contraband or evidence of a crime is in the vehicle.
In relation to Domestic Violence, what is the definition of Abuse?
“ABUSE”, the occurrence of one or more of the following acts between family or household members:
a) Attempting to cause or causing physical harm;
b) Placing another in fear of imminent serious physical harm;
c) Causing another to engage involuntarily in sexual relations by force, threat or duress.
Ch 209A Sec 1
For the purposes of 209A (Domestic Violence) who are “family or household members”?
Persons who:
a) Are or were MARRIED to one another;
b) Are or were RESIDING TOGETHER IN THE SAME HOUSEHOLD;
c) Are or were RELATED BY BLOOD OR MARRIAGE;
d) HAVING A CHILD IN COMMON regardless of whether they have ever married or lived together; or
e) Are or have been in a SUBSTANTIVE DATING or engagement relationship, which shall be adjudged by district, probate, or Boston municipal courts:
In regards to 209A (Domestic Violence), what criteria is used by the court to determine a substantive dating relationship?
Shall be adjudged by district, probate or Boston municipal courts consideration of the following factors:
1) The length of time of the relationship;
2) The type of relationship;
3) The frequency of interaction between the parties
4) If the relationship has been terminated by either person, the length of time elapsed since the termination of the relationship.
Whenever any law officer has reason to believe that a family or household member has been ABUSED OR IS IN DANGER OF BEING ABUSED such officer shall use all reasonable means to prevent further abuse. The officer shall take, but not be limited to the following action:
1) REMAIN ON THE SCENE for a reasonable period of time to ensure no further abuse
2) Assist the abused person in obtaining MEDICAL TREATMENT, which may include driving the victim to the emergency room of the nearest hospital….
3) Assist the abused person in LOCATING AND GETTING TO A SAFE PLACE; the officer shall consider the victim’s preference
4) Give such person immediate AND ADEQUATE NOTICE OF HIS OR HER RIGHTS. Such notice shall consist of handling said person a copy of the statement which follows below and reading the same to said person. Where said person’s native language is not English, the statement shall be then provided in said PERSON’S NATIVE LANGUAGE WHENEVER POSSIBLE.
When someone is arrested and released under the provisions of 209A (Domestic Abuse Laws) who has the responsibility to notify the victim’s of the offender’s release?
The Judge or Bail Clerk who issues the Bail
(“When a judge or other person authorized to take bail bails any person arrested under the provisions of this chapter, he/she shall make reasonable effort to inform the victim of such release prior to or at the time of said release”)
Ch209A Sec 6
In regards to the crime of unlawfully and surreptitiously photographing, videotaping, or electronically surveilling a person nude or partially nude, who is exempt from this statute?
1) A law enforcement officer when acting within the scope of the officer’s authority under applicable law, or by an order or warrant issued by a court
2) A merchant that electronically surveils a customer changing room, provided appropriate signage is posted warning customers
What is theKnock and Announce Rule?
Prior to entering private property to serve an arrest or search warrant the police must KNOCK and ANNOUNCE THEIR PRESENCE and PURPOSE, and wait a reasonable period of time before entering.
What is inevitable discovery?
Unlawfully obtained evidence may still be admissible if the police can show that they would have discovered the evidence despite the unlawful conduct.
What is a Protective Sweep?
The police may conduct a brief cursory search of the areas within a dwelling that a person may be hiding when making an arrest within the dwelling. The person is to prevent others from coming to the aid or arrested persons.
NOTE: sometimes this term is used to describe a pat frisk of a car and a sweep of a home for injured persons.
