Protective Custody Flashcards
Community caretaking justifies detaining a person who may be
Lost disoriented or missing
A person is incapacitated if they drink alcohol and is either (4):
Disorderly
unconscious
in need of medical attention
likely to cause physical harm or damage property
(DUMP)
What is the standard for “disorderly” for protective custody?
The same as the criminal charge
Is intoxication equivalent to incapacitation
No
What is the level of information needed to trigger sobriety testing for PC?
Reasonable suspicion of incapacitation
Can someone be removed from their home solely to be placed in protective custody?
Yes
What amount of force is authorized during PC?
Reasonable force
If a subject resist being placed in protective custody, what charge can you consider?
A& B on police officer or interfering
If a PC is transported back home and left with a sober party what does that person need to provide?
Their name and relationship for the report
A treatment facility for protective custody is any private or public place providing services, especially designed for
The detoxification of intoxicated persons
A PC may be brought to the police station. May they also be brought to a county jail or house of corrections?
No
Can a police PC refuse transport or treatment?
No
The good Samaritan immunity law for alcohol, only applies to people aged
Under 21
The good Samaritan immunity law for alcohol protects people under 21 from being charged with (3) if the evidence was gained as a result of seeking medical assistance
Furnishing “social host”
procurement/attempted procurement minor in possession
Does immunity apply to adults 21 and over who host underage parties
No
Once at the station, when does a PC need to be informed of their right to a phone call and allowed phone use?
Immediately
If a PC is under 18 when does a parent or guardian need to be notified?
As soon as possible
Regarding a PC when is it necessary to determine if there’s treatment available?
Every time a person is brought to the station
What is the legal limit to establish incapacitation?
.10 or above
What BT result authorizes sobriety testing for a PC
0.6-0.9
What BT result entitles a PC to immediate release
0.5 or below
What BT result for a minor determines if they need to be released to a parent, guardian or other adult
Any BT reading
For protective custody do officers need to use a PBT or a BT
Either
The difference between a BT test for protective custody versus oui is that a valid test for OUI requires:
Infrared device
If officers have a choice between using a BT or PBT for a PC, which should they choose?
BT but they can use either
Can officers inventory a PC’s personal possessions?
Yes
For adult PCs 18 and over what are the first and second priorities
1st priority treatment
2nd priority hold in Cell until sober or no longer than 12 hours
Officers should not hold those in PC longer than 12 hours without at least: (3):
1.Considering whether they can be safely released
2. Considering whether to transport them home
3.Re-booking them for another period of confinement using the complete PC process
What are the top three priorities for minors under 18 that are in protective custody?
1st release minor up upon request of parent or guardian
2nd treatment available transport minor to facility
3rd if treatment unavailable, hold minor and nonsecure detention
If a parent or guardian arrives incapacitated or unable to act responsibly, when picking up a minor PC, what should you do?
Hold the child and call DCF
How long can a minor PC be placed in a cell?
Never
If a minor PC is being held at the station where should they be kept?
In an unlocked area under continuous visual supervision
Police should not be held criminally or civilly liable for PCs if they are acting:
In a reasonable manner
What could result in being held liable regarding protective capacity?
Failure to act
Drug incapacitation refers to a person who consumed a controlled substance, toxic vapor or substance other than alcohol and is either (4):
Disorderly
unconscious
in need of medical attention
likely to cause physical harm or damaged property
(DUMP)
Should people being taken into protective custody for drug incapacitation be handcuffed?
Yes, and cuffing is permissible and advised
Can officers search the subject and immediate surroundings of someone being placed into protective custody or drug capacitation?
Yes
Officers can search a drug PC and their immediate surroundings to (2)
Discover weapons
facilitate on scene treatment (ex: searching handbag to determine what drugs were ingested)
Can an officer search an overdosing woman’s handbag to determine what she had taken
Yes
Does an officer need consent to have a drug PC brought to an emergency medical facility?
No
If someone calls for help because another person is overdosing who is covered under the good Samaritan immunity
The person who called and the person overdosing
If a police officer calls for an ambulance because someone is overdosing, are they covered under the good Samaritan immunity law?
Yes
The good Samaritan immunity law for drugs does not prevent prosecution for what crimes:
Distribution, possession with intent to distribute, trafficking or any other crime (oui)
The basis for the good Samaritan community law was research done by:
Department of Public health showing drug users failed to call 911 because they feared criminal prosecution
How long does custody last for a drug PC?
Through transport and emergency treatment
An overdose patient must be examined by a physician before release or the physician must:
Explain in writing why the evaluation did not occur
What is the best practice for getting a drug PC to a treatment facility?
Have EMS transport and accompany/follow ambulance
What is the best practice for getting a drug PC to a treatment facility?
Have EMS transport and accompany/follow ambulance
Does the law define the method of transport for drug PC?
No
Who has the legal authority to place a subject into protective custody?
The officer
Can a police officer delegate to EMS or healthcare clinic clinicians to put a subject into protective custody
No, only the officer can do it
Can a drug PC refuse transport and treatment?
No
Can a drug PC at times be transported to the station or their home?
No never
Is an alcohol PC or a drug PC considered an arrest crime?
No
Do police have to write an incident report for alcohol and drug PCs?
For alcohol they may
for drugs they must
What should be included in a report for an alcohol PC
The subject behavior that led officers to believe they were incapacitated and who took custody
What should be included in a drug PC report?
The date time and behavior that lead officers to believe the subject was incapacitated. Should also include where they were transported.
Naloxone is an _________ known by its brand-name narcan
Opioid Antagonist
DPH allows officers to administer nasal Narcan if they are
Properly trained
What does Narcan do?
Reverse the effects of an opiate overdose
If someone is given Narcan and then refuses transport to a hospital, what should happen?
They should be placed into protective custody
Medical evaluation is ________ for someone who receives Narcan
Mandated, either voluntarily or PC
What are the four reasons why medical evaluation is mandated after someone receives Narcan?
1.Near fatal overdose is evidence of in capacitation
2.Effects of Narcan may be temporary
3.Narcan can cause withdrawal and make person person reuse
4.Releasing person is public safety risk because they could try to drive a car
Police liability for drug PC generally stems from (2):
Failing to act or excessive force
The juvenile expose to drug statute only applies when the juvenile is present with what drug class
A, B or C
Not D
For juvenile exposed to drugs statute, what level of knowledge must officers have that a child under 18 is knowingly presently a controlled substance (A, B or C)
Reasonably believe
How long may a minor be held in protective custody for drugs?
No longer than four hours
Can a minor PC for drugs be held at a police station?
Yes, no longer than four hours in an unlocked area under continuous visual supervision
When should a minor PC for drugs be released to a parent or guardian
As soon as possible
Does an injured citizen in the field have the right to refuse medical treatment
Yes
What is the emergency exception where a person does not have the right to refuse medical treatment (3)
- unconscious or incompetent therefore can’t decide
2.Delay to gain consent risks death or serious, bodily injury
3.Under the circumstances, a reasonable person would want treatment
Use of force during a medical emergency must be ______ in relation to the subject medical condition
Reasonable
Is a taser drive-stun reasonable force for someone experiencing a diabetic emergency
Yes
Does someone have to be unconscious in order to refuse transport for medical treatment?
No, (for example, person may be highly intoxicated, involved in a head-on car crash and seriously injured)
Many people with mental illness, have episodic illness meaning
They have good and bad days
Mental illness may interfere with (4)
Perception
judgment
behavior
ability to relate to other
When extreme behaviors occur, you should not assume that the emotionally disturbed person is a criminal, consider the possibility of a
Mental health disorder
Are people with mental health needs more violent than the general population?
No
If someone with mental illness becomes aggressive, it is usually because they feel
Frightened, confused or hopeless
When does maintaining safety for a mentally ill person become especially challenging? (2)
- Stop taking prescribe medication
- has dual diagnosis
What does dual diagnosis mean?
Major mental health disorder, and a substance abuse problem
What percentage of emotionally disturbed persons are arrested by police at some point in their lives
40%
Who often has the best information for an EDP?
Individuals on scene who know the EDP
What is the overall goal when dealing with EDP?
Least intrusive intervention consistent with public, EDP, and officer safety
Can officers arrest a mentally ill person if they have probable cause and right of arrest
Yes
Does a mental health condition nullify probable caused to arrest or charge
No
Do officers have to take into account an offenders mental condition in their charging decision
No, they may take it into account but they don’t have to
For a more serious crime, what should Police do with a mentally ill offender?
Arrest or at least charge and get help for him
What does charging a mentally ill offender in serious cases help ensure
Public safety in the event they fail to comply with treatment or get released prematurely
For mentally ill offenders, the prosecutor must be allowed to go forward as long as:
Police have probable cause
For defendants that have been charged or arrested when will their mental status be addressed?
Post arraignment as part of the trial process
Sometimes the best way to help an EDP is to:
Suggest voluntary commitment
Under 123/10 voluntary commitment may be sought by:
1. a person at least ___ years old,
2. a ____________ on behalf of a person under 18
3. court appointed guardian on behalf of a person under his care ages ____
- 16
- Parent or guardian
- No age limit
Can a parent or guardian withdraw their child from a facility for treatment?
Yes
In extreme cases, a patient may be held beyond three days if the facility files a:
Petition for long-term commitment
Are officers required to leave a hospital room so a defendant can speak with a psychotherapist alone
No
If an officer is present during a psychotherapist evaluation, the defendant statements are typically in admissible unless the court rules that:
The interest of justice require that the communication be disclosed
Involuntary commitment must be based on _______ due to mental illness
Likelihood of serious harm
Likelihood of serious harm for a section 12 includes (3):
Danger to self, danger to others, inability to protect self
An EDP may be sectioned if they present a _______ risk of physical harm to himself
Substantial
A EDP may be sectioned if they present a ______ risk of physical harm to others
Substantial
An EDP maybe sectioned if they present a _______ risk of injury to himself based on the inability to protect self
Very substantial
If a mental health facility is discharging a child the facility must provide a parent or guardian with ___days notice
14
For a section 12 the likelihood of serious harm must be the result of:
Mental illness
Does not include alcohol or substance abuse
Section 12 is for a maximum commitment of ___ days
3
What time of day may an officer restrain an EDP who they believe poses a likelihood of serious harm?
Any time of day or night
If an EDP refuses examination, can a clinician still issue in order for commitment
Yes
Four categories of commitment for section 12
1.Clinician issues based on exam 2. clinician issues in an emergency (no exam)
3. officer issues
4. judge issues warrant of apprehension
Who may apply to a district or juvenile court for a commitment order under section 12
Any person
A judge may issue a warrant of apprehension of an EDP who poses a likelihood of
Serious harm
When must a warrant of apprehension be executed for an EDP?
During the day when court is in session
How long do police have to serve a warrant of apprehension for an EDP?
It typically says on the warrant usually 5 to 7 business days
If there’s a warrant of apprehension for an EDP and it is after hours, what can Police do (2)
- Direct them to go to court the next day
- Section them
Can officers enter private homes to place an EDP into protective custody/serve a section 12 if ordered by judge or clinician
Yes
Since EDP‘s can be an unpredictable group, what should officers do before serving a section?
Obtain information from the court, clinician, or family
What can help avoid a tragic result when serving section 12
Considering potential difficulties before please enter
Where should EDP’s be transported?
Order issued by a clinician-bring to appropriate facility
Order issued by Judge-bring to court
A clinician for the purpose of section 12 refers to a (4)
Physician, psychiatric nurse psychologist or licensed social worker
Can officers handcuff an EDP
Yes, but they should avoid unnecessary restraint
In order for an officer to decide to take an EDP into custody, they must have ______ that the EDP poses a likelihood of serious harm
Probable cause
(common sense determination)
If Police have time to consult with a clinician prior to entering an EDP‘s home they have _______ for their entry
Independent support
If exigent circumstances make consulting with a clinician impractical before taking an EDP into custody, officers should
Seek consent from an occupant to enter; if that fails force entry
Where should an officer fill out a section 12 application form
At the hospital
Restraints may be used on an adult for up to ___ hours prior to examination
2
Restraints may be used on a minor for up to ___ hours before examination
1
Are officers allowed to restrain EDP patients being sectioned
Yes
Can officers use force to transport a person to a hospital for evaluation?
Yes
Officers are immune from civil suits for restraining, transporting or admitting a person to a facility if they:
Act in good faith
Use of force decisions for an EDP must take into account the subjects:
Mental condition
Who may initiate an involuntary or voluntary transfer of a prisoner to a mental health facility?
The OIC
Who can petition the court for a section 35?
Police officer, physician, spouse, blood relative, guardian, court official
Can a section 35 be issued for someone that abuses inhalants?
Yes
A person can apply for a section 35 if they believe that a person is a ______alcoholic or substance abuser
Chronic
Like a section 12, the benefit of a section 35 is that it gives officers:
The choice of taking matters into their own hands or calling another party to initiate the process
How long does a section 35 remain active?
Five consecutive days excluding days when court is closed
Is home entry justified to serve a section 35
Yes
If a person is apprehended for section 35 when must they be presented before a judge?
Immediately
Section 35 allows for a commitment up to _____ days
90
A person held under a section 35 is housed separately from convicted criminals and may be released by ________ prior to the end of 90 days
Superintendent
For a long-term hospitalization, the __________ must petition the court
Facility superintendent
Before a person with a section 35 is committed they are evaluated at court and:
Given a hearing with counsel
If a facilities superintendent petitions the court for longer hospitalization, and court agrees, the initial stay is for another:
6 months. Commitment is reviewed annually after that
For longer-term hospitalization, the standard is:
Proof beyond a reasonable doubt
For a mental health, patient missing from a Massachusetts facility, the ________ (2) dictates action
Length of absence and reason for commitment
Officers should return a missing patient to a mental health facility if they have been absent for less than:
6 months
If a missing patient is absent from a mental health facility beyond six months, should they be automatically returned?
No, facility staff should obtain a judicial review before commitment
A patient must always be returned to a facility, regardless of length of absence if (2):
They were committed after being found incompetent to stand trial
or not guilty by reason of insanity
Officers may detain a person who escaped from an out-of-state mental health facility and may be dangerous. Officers should hold the person and alert the district attorneys office to begin _________ proceedings
Rendition
At what age can a child be placed into protective custody for running away from legal custodian?
6-under 18
For a runaway juvenile who is considered a legal custodian
Parent, guardian or agency who is responsible for child welfare (DCF)
What level of knowledge is needed to place a juvenile into protective custody for running away?
Probable cause that child has run away and will not respond to a summons
Is a prior episode of running away required in order for officers to establish probable cause to PC juvenile for running away
No. Simply must believe child is likely to run away again without their intervention
Officers must PC a child named in a warrant of protective custody if they can deliver the child to ________ no later than _____
Juvenile court
430pm
Does a warrant of protective custody (WPC) appear in the warrant management system (WMS)
No
How do officers receive a warrant of protective custody?
The court sends it to the police department in the community, where the child lives
Where on the WPC warrant does the 4:30 PM deadline appear?
On the face of the WPC
If officers find a child named in a WPC after hours, they may (2):
- Inform the child (and parent or guardian) about the WPC and direct them to go to court the next day
- place the child into protective custody as a runaway (if applicable) and execute the WPC the next day
Can police PC a child for truancy
No
Can Police PC a child for failing to obey a legal custodian?
No
Can police PC a child for failing to obey school regulations
No
Can police PC a child for violating a local curfew
No
When taking a child into custody, they are more likely to cooperate if they sense that:
Officers are non-judgmental
Children find it easier to accept a decision that is motivated by the officers concern for their welfare and:
Is legally justified
When taking children into custody, listen to them, but avoid debating:
The merits of their case
When should officers handcuff a child when taking them to protective custody as a runaway?
Never
Should officers search a child for weapons or contraband prior to placing them into protective custody?
Yes
When an officer transports a juvenile for protective custody, where should the juvenile be placed inside the cruiser?
Secure back seat area of cruiser
Children and protective custody should only be charged as a:
Last resort
For the child who is significantly noncompliant during PC process officers may consider charging (2):
Interfering with police officer
A&B public employee
Once encountered by police can juvenile runaways, then commit other offenses
Yes (ex kicked officer)
When an officer executes a warrant of protective custody (WPC) they should transport the child to:
Court that issued the warrant no later than 4:30 PM
When an officer decides to PC a runaway, the law mandates placing the child in the following order of preference:
- Childs legal parent or guardian
- Temporary licensed shelter
- Juvenile court
If an officer decides to PC the juvenile runaway, the child may be brought directly home or to the police station in order to facilitate placement with parent, guardian or other:
Reasonable person known to the child
If a juvenile runaway PC is brought to the station, the reasoning should be explained in:
The police report
When a juvenile runaway PC is released to a parent or other responsible person, that person must:
Promise in writing to bring the child to court the next day
If a child cannot be reunited with their legal custodian or other responsible person dial ____ and use the ___________program
211
Runaway assistance program
If officers have tried and are unable to release a juvenile to a guardian or temporary licensed shelter, they should bring the child to juvenile court and sign:
Sign the affidavit
Can a juvenile PC brought to the station behind handcuffed
No
A juvenile PC that is brought to the station should be held in a _______ multi-purpose area
Unlocked
What length of time should juvenile PCs be held at the station?
Only the time necessary to get them to a legal custodian, responsible, person, approved, shelter or court
How often does a juvenile PC need to be checked on while held at the station?
Under continuous visual supervision
Children should only be transported in a _________, NOT a _____
Marked or unmarked cruiser
Not a police wagon
Is it permissible to transport a juvenile and adult together?
No
Police may request DCF assistance by either removing the child from the situation and notifying DCF or:
Keeping the child at the location and notifying DCF for removal decision
Do police have to file a 51A if DCF response to the scene
Yes
Can officers wait until they’re at the station to call 211 or make other placement efforts for juveniles?
Yes
The law only prohibits bringing a runaway child to the station ______ an officer decides to place the child with a shelter
After
Officers may justify bringing a runaway child to the station as long as it is ______ to a shelter placement
Prior
DCF can petition the court that there is a reasonable cause that the child is suffering from or in immediate danger of __________, and _________is necessary to protect the child
Serious abuse or neglect
Immediate removal
Court may order transfer of the child to DCF custody for up to ____ hours
72
Once a child is placed into DCF custody, there is a follow up hearing where the court decides if temporary custody should continue. The standard of proof is:
Preponderance of the evidence
Elder protective service caseworkers, and officers may not enter a home without (3)
Consent
emergency
court order
An elder is entitled to _____ notification that investigation is being conducted
Written
If officers accompany an Elder caseworker to way home and are not given consent, they may only enter if they have _________ that the elder is an imminent danger of death or serious barley injury
Reasonable suspicion
If an animal is impounded for cruelty or fighting, the police or prosecutor may file a petition with the court requesting that the owner:
Post a security payment for the animals care
A citizen must ______ before forcing entry into a vehicle to protect an animal
Call 911
What public safety officials can forcibly enter a vehicle to protect an animal due to stream heat or cold
Police officer
animal control officer
firefighter
When a detainee arrives at the station, he must be properly booked. A detainee refers to anyone who has:
Been arrested or placed into protective custody
Booking includes (3):
Fingerprints
photographs
inventory of property
The primary purpose for the booking process is:
To identify the detainee
The booking procedure is important to the detainee because it creates a _________ which allows his family, friends, and Attorney to determine his whereabouts
Public record of arrest
Does a detainee have to be told booking is being videotaped
No
Does a detainee have to be accurately informed why he was arrested?
Yes
Following arrest and once in booking, are police obligated to provide a copy of an arrest warrant on request?
Yes
If someone came to the station prior to being arrested, their telephone rights are triggered by
Formal arrest
If a person is arrested in the field, they must be allowed to use the telephone within 1 hour of:
Arrival at the station
If a person voluntarily accompanied officers to the station, does their right to a telephone begin at time of Miranda warnings or at time of formal arrest
Formal arrest
While officers may wait until formal arrest to advise suspect of right to a phone call, they may not deliberately _____ arrest to take advantage of a suspect
Delay
Does a right to a phone call still apply when the suspect is already incarcerated on another matter
No
A defendant was in custody on an unrelated matter when police arrived at the house of correction to question him for a murder. Was the defendant entitled to a phone call prior to this interrogation
No
Does the right phone call apply to arrests made out of state or initially by federal authorities?
The SJC has not decided
If a detainee reports that the police intentionally withheld their right to a phone call, who has the burden of proof
The detainee
What happens to evidence gained from intentionally withholding a phone call?
Surpressed
What is the purpose of documenting the phone number that a detainee calls?
Confirms the detainee was afforded the right, and protects against unauthorized use of station phones
Can detainees make their phone call from police cell phone
Yes
Do officers have to inform detainees if they are given a phone that records outgoing calls
Yes notify them in advance
Never record (and listen to) detainees phone call unless
He is notified
Is there a requirement that a detainee is permitted to make a private phone call
No
Are officers allowed to testify about information they overhear when detainee is making their phone call?
Yes
While on the station phone, Police heard a murder defendant comment to his girlfriend. “I fucked up I fucked up.” Can officers testify to this statement
Yes
The ____ of a police lockup shall _______ examine a detainee for injuries
OIC
Immediately
If the OC finds any bruises, cuts or other injuries on a detainee, they must:
Write a report to the chief
Police are liable for their deliberate _________ to the medical needs of any detainee
indifference
Does the requirement that a detainee be examined for injury include the removal of clothing?
No
The requirement to examine a detainee for injury, only applies to the ________ after arrest
First lockup
When a detainee shows signs of opioid intoxication officers must
Provide medical care
Does a suspects admission to taking opioids 30 minutes before arrest, their struggle to stand for booking, and slumping over enough to require officers provide medical care
Yes
Whenever a person in police custody commits suicide or dies, the ____ must write a report and send it to the medical examiner within ____ days
OIC
7 days
If a person in lockup threatens or attempts suicide, the ____ must describe the event in CJIS within ____
OIC
24 hours
If a person in lockup threatens or attempts suicide, the OIC must describe the event in CJIS, and provide ______ to any lock up the subject is transferred to
Written report
The law mandates that desk officers must be able to ___ what is going on inside cells
Hear
The law mandates that ____ cell must contain an electronic audio system
1
An Officer must check each cell at reasonable intervals, recommended no longer than:
30 mins
Detainees present a _____ risk of suicide
High
Are Police required to receive training and suicide prevention
Yes
Police must take ____ verbal threats and physical gestures of suicide seriously
Any
Detainees must be protected from sexual abuse. This is mandated by a federal law known as the:
Prison rape elimination act (PREA)
The PREA says all police agencies must screen detainees to determine whether they are vulnerable to:
Sexual abuse and take steps to protect them
Detainees must have _____ ways to report sexual abuse, including to an entity outside the police agency
Multiple
A full investigation is required in response to any allegation of sexual abuse against staff or other detainees. This includes (3)
Collecting physical evidence
providing victims with proper medical and mental health treatment
A full investigation is required in response to any allegation of sexual abuse against staff or other detainees. This includes (3)
Collecting physical evidence
providing victims with proper medical and mental health treatment
Who is authorized to decide to release a prisoner who agrees to obtain voluntary mental health treatment?
OIC
If the OIC decides to release a prisoner for treatment, how is the prisoner transported to a treatment facility?
The OIC may transport a prisoner to treatment or arrange for a family member or caseworker to take over
Is the OIC authorized to arrange for psychiatric hospitalization for a prisoner who is not eligible for bail or unlikely to be released?
Yes
If the OIC decides to arrange for psychiatric treatment for a prisoner, they may arrange for
A clinician to see the prisoner at lockup or transport the prisoner to the hospital
If OIC decides a prisoner is needs involuntarily transfer for psychiatric treatment who reports recommendations to the judge
Clinician
If the OIC decides to arrange for psychiatric hospitalization for a prisoner who is not eligible for bail or unlikely to be released what is the process?
- The OIC should notify a hospital that receives emergency psychiatric patients.
- The OIC can arrange for a clinician to see the prisoner at lock up or the hospital.
- The clinician then reports to the judge
- the judge may commit the prisoner to a state hospital until the next court day.
If a judge decides that a prisoner needs to be committed to a state hospital until the next court day, who is responsible for transporting the prisoner to the hospital and to court
Police
The law allows prisoners or their legal representative the right to petition the district court for transfer to a state hospital. The court may grant this transfer if the prisoner poses a serious risk of self harm or has been on a mental health watch for
More than 72 hours
If a prisoner requests transfer to a state hospital what must the police do?
File a petition for transfer if requested
How long do police have to interview a defendant?
Six hours from the time over arrest
Six exceptions to the six hour rule regarding interviews
Arrestee needs medical attention
incapacitated from drugs or alcohol
police emergency
police request consent to search
Arrestee signs waiver of prompt arraignment
arrest occurs outside mass
Arestee must be afforded a probable cause determination by a _______ within 24 hours of warrantless arrest
Magistrate
The SJC created the Jenkins hearing because it felt that arrestees should have their cases reviewed promptly since prolonged detention might affect
Their job and family relationships
Jenkins hearing occurs within ____of warrantless arrest
24 hours
Can a Jenkins hearing occur over the telephone and is the arrestee entitled to be present
Yes can occur over phone
No not entitled to be present or have counsel
Following Jenkins hearing, is the probable cause determination, subject to review at arraignment
No
Once a prisoner has been in custody and on a mental health watch for 48 hours, what should the OIC do?
Inform them of their right to petition for transfer to a state and repeat notice every 24 hours after
Who bears the burden of demonstrating that a Jenkins hearing did not occur within 24 hours because of extraordinary circumstances
Police
(example for delay, major snowstorm, or defendants hospitalization)
For violation of the Jenkins hearing rule is the case automatically dismissed
No, but it may be appropriate in cases of misconduct
If a defendant refuses to answer booking questions or cooperate with booking process, are they still entitled to phone call within hour
No
Before a person is released from custody, what has to be checked
WMS
What are the 3 reasons to inventory a detainees belongings?
Preserve their property
Protect police from disputes
Prevent escape, self injury, or harm to others at station
An inventory of detainees property is not a search for evidence. It is an _________
Administrative procedure
_______ is not an acceptable reason for inventorying prisoner property
Desire to find evidence
The inventory process requires (3)
Lawful custody
Written procedures
Inspection conforms to policy
If an arrest involves multiple agencies, which booking policy should you follow?
The policy of the agency that controls the lock up
Booking policy should allow officers to open locked containers when (2)
- They have the key or combination and the time to do it
- They reasonably believe the contents pose a danger to police or public
During booking inventory, if officers don’t have a key combination or reason to believe there’s danger in a locked container what should they do with the container?
Record the locked container as an item without opening it or obtain a search warrant if they have problem, cause it contains evidence
What act requires the departments provide medication to people in their custody who request and need it?
Title II of the Americans with disabilities act
What act requires the departments provide medication to people in their custody who request and need it?
Title II of the Americans with disabilities act
Who must witness a detainee take their medication and noted in the booking record
Supervising officer
The booking policy should require that any medication be ______
Identified
What is the only exception to giving medication and lockup?
Medical marijuana
Can a police officer be sued for property inventoried at booking but allegedly lost or stolen afterwards?
Yes
Failure to advise a defendant of their right to independent examination for oui will often result in the case being
Dismissed
Can Police refuse to transport defendant to the hospital, even though he had arranged over the phone for a blood test?
Yes
Police must typically release a juvenile arrest and may only hold him if
- The child is at least 14 in the OC agrees he should be held or;
- The arrest warrant orders that the youth be held.
Do police have to notify the bail commissioner for a juvenile arrest
Yes
Juveniles under ____ years old are not eligible for secure detention and must be held in a nonsecure custody
14
Juveniles 14 and older are eligible for secure detention for up to ___ hours
6
When does secure detention for juvenile begin?
When the juvenile is confined in a locked room or cell or is cuffed to a stationary object
Juveniles in a cell must be properly monitored and checked at least every ___ minutes
30
EOPSS requires a police departments, maintain a __________ to record instances of secured detention
Juvenile lockup docket
Before the 6 hour period ends the juvenile must be:
Release to parent guardian transported to court
referred to overnight arrest program
Juveniles 14 and over are eligible for secured detention for up to six hours as long as the Cell is
Sight and sound separate from adults
Cell approved by DYS
Where should juvenile detainees age 12 and 13 be held at the station?
In an unlocked multipurpose area, such as an office, not designed for residential use, Under continuous visual supervision
Can juveniles 12 and 13 be handcuffed
Yes, but they may not be handcuffed to any stationary object
What happens if a juvenile detainee age 12 or 13 is noncompliant and leaves the unlocked area they are being held
The juvenile can be brought back into the station in place in a locked area. It should be noted the juvenile was unwilling to follow officer instructions and not that they’re being a runaway.
Delinquent children may be handcuffed. What type of youth may not be handcuffed
All children requiring assistance CRA under age 18
Should you fingerprint and photograph CRA children and submit their information to CJIS?
No
Anyone who is not a United States citizen is defined as a
Foreign national
Anyone with a green card is considered a
Foreign national
Article 36 of the ______ states that if a foreign national is arrested, authorities shall inform them of their right to have his consulate notified
Vienna convention
When officers encounter a foreign national they reasonably suspect is committing a crime they need to determine whether the suspect has:
Diplomatic immunity
If a suspect has diplomatic immunity, they should have:
Diplomatic documents from our state department
When dealing with diplomats officers should _____ the diplomat until they verify their status
Detain
Officers are not permitted to handcuff a diplomat unless he or she poses
Immediate safety threat
Authorities do not have to inform a foreign national of their right to have a consulate notified if it is during:
Brief detention such as a terry stop
When dealing with diplomats what are officers not allowed to do (3)
Handcuff
Arrest or charge
Search for frisk, diplomats person vehicle or personal belongings
When dealing with diplomats what are officers not allowed to do (3)
Handcuff
Arrest or charge
Search for frisk, diplomats person vehicle or personal belongings
In regards to diplomats, is stopping and citing diplomat for a traffic violation considered a detention or arrest
No
