weekly 3

Question 1

What types of warrants?

Answer 1

A.Straight Warrant: new charges
b. Default Warrant: issued by judge for not showing up to court, didn’t pay fine, etc.

Question 2

What do you need for consent?

Answer 2

a. Voluntary: no coercion/duress
b. Intelligent: clear, explicit, plain
c. Knowingly: told of right to refuse, proper age, mental condition

Question 3

what does an arrest have?

Answer 3

a.Intent
b. Communication
c. Control

Question 4

how many hours for a jenkins hearing?

Answer 4

24

Question 5

lawful arrest needs what?

Answer 5

a.Probable Cause
b. Arrestable Offense
c. Jurisdiction

Question 6

If additional facts change Probable cause, what do you do?

Answer 6

must release forthwith and document.

Question 7

phone call?

Answer 7

A. within 1 hour at station.
B.Cannot withhold this right
C. No expectation of privacy – what they say is admissible in court

Question 8

where outside of boston do we have jurisdiction?

Answer 8

Jurisdiction into Brookline and Newton: 500 yards

Question 9

Reliable Sources?

Answer 9

a. Known victim​​​​​
b. Declaration against penal interest
c. Known witness​​​​​.
d. Good track record
e. Other Police Officer

Question 10

what qualifies for warrantless searches?

Answer 10

(CAB PIE)
a. Consent​​​​​
b. Plainview
c. Abandonment​​​​​.
d. Incident to Lawful Arrest
e. Booking Search​​​​​
f. Exigent Circumstances

Question 11

what happens if consent is revoked?

Answer 11

officer must stop immediately

Question 12

what are the Exceptions to warrantless arrest in private dwelling?

Answer 12

a. Fresh & continuous pursuit
b. Exigent Circumstances

Question 13

Abandonment:

Answer 13

items discarded during pursuit by police as long as police had RS to conduct the stop at the beginning of the pursuit (also includes items discarded while police are following/watching = abandoned as well)

Question 14

What qualifies for Plainview?

Answer 14

a. Lawful Presence
b. Inadvertence
c. Seizable Evidence

Question 15

what are you looking for in a search incident to a lawful arrest?

Answer 15

a.Weapons
b. Avoid arrest or effect escape (means of escape), and
c. Evidence of the crime for which the arrest is made

Question 16

facts about Booking Search/Inventory:

Answer 16

a. Not a search for evidence
b. Protect owner’s property
c. Prevent false claims
d. Prevent suicide
e. Community caretaker function
f. Aid in identification

Question 17

steps for strip search

Answer 17

a. Based on PC
b. Determined by the Duty Supervisor
c. Must be done reasonably

Question 18

steps for Body Cavity Search:

Answer 18

a. Based on high degree of PC
b. Search warrant issued by a JUDGE
c. Conducted by a qualified medical professional

Question 19

Collective Knowledge Doctrine:

Answer 19

knowledge of one is the knowledge of all.

Question 20

when cant officers ask consent to search?

Answer 20

during a traffic stop for MV infraction

Question 21

Aguilar-Spinelli test – two prong test:

Answer 21

a. Reliability / veracity
b. Basis of Knowledge: must be personal knowledge – NOT street rumor/hearsay

Question 22

what to do for fugitive warrant?

Answer 22

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 is a separate charge

Question 23

Merchant:

Answer 23

a merchant or merchant employee statement alleging a suspect has committed a shoplifting offense is PC for an officer to arrest without a warrant. aka Loss prevention

Question 24

What do you do first before arrest Warrant (body warrant):

Answer 24

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

Question 25

arrest

Answer 25

most intrusive type of seizure – need Probable Cause – can search post arrest