weekly 3 Flashcards
What types of warrants?
A.Straight Warrant: new charges
b. Default Warrant: issued by judge for not showing up to court, didn’t pay fine, etc.
What do you need for consent?
a. Voluntary: no coercion/duress
b. Intelligent: clear, explicit, plain
c. Knowingly: told of right to refuse, proper age, mental condition
what does an arrest have?
a.Intent
b. Communication
c. Control
how many hours for a jenkins hearing?
24
lawful arrest needs what?
a.Probable Cause
b. Arrestable Offense
c. Jurisdiction
If additional facts change Probable cause, what do you do?
must release forthwith and document.
phone call?
A. within 1 hour at station.
B.Cannot withhold this right
C. No expectation of privacy – what they say is admissible in court
where outside of boston do we have jurisdiction?
Jurisdiction into Brookline and Newton: 500 yards
Reliable Sources?
a. Known victim
b. Declaration against penal interest
c. Known witness.
d. Good track record
e. Other Police Officer
what qualifies for warrantless searches?
(CAB PIE)
a. Consent
b. Plainview
c. Abandonment.
d. Incident to Lawful Arrest
e. Booking Search
f. Exigent Circumstances
what happens if consent is revoked?
officer must stop immediately
what are the Exceptions to warrantless arrest in private dwelling?
a. Fresh & continuous pursuit
b. Exigent Circumstances
Abandonment:
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)
What qualifies for Plainview?
a. Lawful Presence
b. Inadvertence
c. Seizable Evidence
what are you looking for in a search incident to a lawful arrest?
a.Weapons
b. Avoid arrest or effect escape (means of escape), and
c. Evidence of the crime for which the arrest is made
facts about Booking Search/Inventory:
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
steps for strip search
a. Based on PC
b. Determined by the Duty Supervisor
c. Must be done reasonably
steps for Body Cavity Search:
a. Based on high degree of PC
b. Search warrant issued by a JUDGE
c. Conducted by a qualified medical professional
Collective Knowledge Doctrine:
knowledge of one is the knowledge of all.
when cant officers ask consent to search?
during a traffic stop for MV infraction
Aguilar-Spinelli test – two prong test:
a. Reliability / veracity
b. Basis of Knowledge: must be personal knowledge – NOT street rumor/hearsay
what to do for fugitive warrant?
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
Merchant:
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
What do you do first before arrest Warrant (body warrant):
need to check validity immediately prior to arrest to verify that it is still valid (BPD special order 95-31)
arrest
most intrusive type of seizure – need Probable Cause – can search post arrest
