Prisoner Rights

Question 1

A what point must the arrestee be advised of the reason for the arrest?

Answer 1

UPON REQUEST of the arrestee, in the case of a warrant arrest, the officer must produce the warrant authorizing the arrest.

CH263 Sec1

NOTE: refusing to answer, or answering untruthful would violate this statute.

Question 2

Once in custody, when must an arrestee be notified of their right to a telphone call?

Answer 2

Forthwith upon arrival to the police station

CH276-Sec33A

NOTE: the call is “at the expense of the arrested person, for the purpose of allowing the arrested person to communicate with his family or friends, or to arrange for relaease on bail, or to engage the services of an attorney”

Question 3

When must an arrestee or person in police custody at a police station be given the opportunity to utilize the telephone?

Answer 3

WITHIN ONE HOUR of being notified of their right to a telephone call

CH276-Sec 33A

NOTE: The one hour period starts once the peson arrives at the police station

Question 4

Who is responsible for examining the person for any injuries?

Answer 4

The Officer-In-Charge (OIC) of the facility

CH276-Sec 33

Question 5

The OIC must immediately inspect all prisoners being booked for injuries. If a prisoner is injured who must the OIC notify?

Answer 5

1) Chief of Police
2) Commisioner (in Boston), or
3) tothe Selectmen in towns with no chief of police

NOTE: if prisoner is transferred from one place to another the facility first taken to is responsible for this provision

CH276-Sec33

Question 6

If it is discovered that a prisoner is injured when brought in for booking how and when must the OIC notify the Chief or Selectmen?

Answer 6

When? FORTHWITH
How? IN WRITING

Ch276-Sec33

Question 7

Whenever a deaf or hearing impaired person is arrested for an alleged violation of a criminal law WHO must PROCURE AND ARRANGE PAYMENT for an interpreter?

Answer 7

The arresting officer!

Ch221 Sec92A

Question 8

Once a person is arrested, how long do the police have to interview the defendant?

Answer 8

6 HOURS
(Safe Harbor Rule-AKA Rosario Rule)

NOTE: the time begins once the person is paced under arrest, wherever that may be (unless out of state)
NOTE: Arrestee may consent to further questioning after advised of rights.
NOTE: if the arrestee is incapacitated (drugs,alcohol) the six hour period begins when the person sobers up

Question 9

Once a person is paced under arrest, when must they be afforded a probable cause hearing?

Answer 9

Within 24 HOURS
THis is commonly referred to as a JENKINS HEARING

NOTE: this does not apply if the person is arrested on a warrant. The intent is for an independent determination of probable cause. The Federal Law is 48 hours.

Question 10

Once a juvenile is arrested, the police must immediately notify the following people?

Answer 10

1) The probation officer in the district where the juvenile was arrested

AND

2) At least one of the juvenile’s parents/guardians

CH119 Sec67

Question 11

It is mandatory that the police release a juvenile prisoner under the following conditions:

Answer 11

1) At the request of the probation officer

AND
2) The written promise of a “parent,guardian, or any other reputable person” to ensure that the juvenile is brought to his/her arraignment.

CH119 Sec67

Question 12

When is an arrestee considered an adult for the purposes of arrest and detention?

Answer 12

17 years old

Question 13

The police may hold a juvenile prisoner under the following conditions:

Answer 13

1) The juvenile is 14 YEARS OF AGE oo OLDER; AND
2) if directed by the probation officer
3) if detaining the juvenile is directed via an arrest warrant

CH119 Sec 67

NOTE: Even though the probation officer may direct that the juvenile be held, the juvenile is still entitled to a bail hearing; the police should always notify the parents and the bail commisioner.

Question 14

The following are regulations that must be followed when detaining juveniles at a police station:

Answer 14

1) Juveniles may never be detained in an adult jail or locked up any time
2) Juveniles UNDER 14 cannot be securely held, officers must hold the juvenile in a non-secure manner at the station
3) Detention at a police station is limited to 6-HOURS, which begins as soon as the juvenile is placed in holding or handcuffed to a fixed object
4) Juveniles must be “sight and sound separated” from adult prisoners

CH 119 Sec67

Question 15

If the juvenile is not released from the police station within the 6-hour time frame, the following must apply:

Answer 15

1) The juvenile mustbe transported tocourt for arraignment and a bail hearing
OR
2) The juvenile is referred to a juvenile lockup facility

CH119 Sec 67

Question 16

DRIVING WHILE INTOXICATED: RIGHT TO MEDICAL EXAMINATION: NOTICE

A person held in custody at a police station or other place of detention, charged with OUI liquor, shall have the right, at his request and at his expense, to be examined immediately by a physician selected by him.

Who must notify the arrestee of his right and when?

Answer 16

The POLICE OFFICIAL IN CHARGE of such station or place of detention, or his designee, shall inform him of such right IMMEDIATELY UPON BEING BOOKED, and shall afford him a reasonable opportunity toexercise it.

CH163 Sec5A

NOTE: Such person shall, immediately upon being booked, be GIVEN A COPY OF THIS SECTION unless such a copy is posted in th epolice station or other place of detention in a conspicuous place to which such person has access.