Podcast
Questions and Answers
Which amendment protects citizens from double jeopardy and self-incrimination?
Which amendment protects citizens from double jeopardy and self-incrimination?
Which type of speech is NOT protected under the First Amendment?
Which type of speech is NOT protected under the First Amendment?
Which amendment guarantees the right to due process and equal protection under the law, applying the Bill of Rights to all states?
Which amendment guarantees the right to due process and equal protection under the law, applying the Bill of Rights to all states?
Which article of the Massachusetts Declaration of Rights is analogous to the Fourth Amendment of the U.S. Constitution?
Which article of the Massachusetts Declaration of Rights is analogous to the Fourth Amendment of the U.S. Constitution?
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Which of the following BEST describes the relationship between the Massachusetts Constitution and the U.S. Constitution?
Which of the following BEST describes the relationship between the Massachusetts Constitution and the U.S. Constitution?
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What is the primary function of 'case law' in the context of policing operations?
What is the primary function of 'case law' in the context of policing operations?
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According to the content, what is a critical consideration when a police officer infringes on someone's rights?
According to the content, what is a critical consideration when a police officer infringes on someone's rights?
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Which of the following rights is NOT explicitly mentioned in the First Amendment?
Which of the following rights is NOT explicitly mentioned in the First Amendment?
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An officer arrests an individual for receiving stolen property. The value of the stolen goods is determined to be $200. Given the information, what action should the officer take?
An officer arrests an individual for receiving stolen property. The value of the stolen goods is determined to be $200. Given the information, what action should the officer take?
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Under what specific circumstance are citizen's arrests legally permitted in Massachusetts?
Under what specific circumstance are citizen's arrests legally permitted in Massachusetts?
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An off-duty police officer witnesses a felony outside of their jurisdiction and makes an arrest. What condition must be met for the arrest to be considered valid?
An off-duty police officer witnesses a felony outside of their jurisdiction and makes an arrest. What condition must be met for the arrest to be considered valid?
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Which of the following is the primary distinction between a frisk and a full search?
Which of the following is the primary distinction between a frisk and a full search?
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What level of certainty is required for a merchant to detain a shoplifting suspect?
What level of certainty is required for a merchant to detain a shoplifting suspect?
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What is the primary justification for conducting a search incident to arrest?
What is the primary justification for conducting a search incident to arrest?
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An officer observes an individual pacing nervously in an area known for drug trafficking. Which of these is a necessary condition for the officer to legally conduct a frisk of the individual?
An officer observes an individual pacing nervously in an area known for drug trafficking. Which of these is a necessary condition for the officer to legally conduct a frisk of the individual?
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Which of the following is NOT a valid justification for police to conduct a warrantless search of people under arrest and areas within their immediate control:
Which of the following is NOT a valid justification for police to conduct a warrantless search of people under arrest and areas within their immediate control:
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Under what circumstances may an officer conduct a frisk inside a vehicle?
Under what circumstances may an officer conduct a frisk inside a vehicle?
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Which of the following scenarios best exemplifies a lawful arrest?
Which of the following scenarios best exemplifies a lawful arrest?
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What is the legal principle primarily violated when a police officer acts unreasonably during an arrest or investigation?
What is the legal principle primarily violated when a police officer acts unreasonably during an arrest or investigation?
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Under what condition can a search occur before a formal arrest?
Under what condition can a search occur before a formal arrest?
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Under what condition can police officers enter a suspect's residence to execute an arrest warrant for that suspect?
Under what condition can police officers enter a suspect's residence to execute an arrest warrant for that suspect?
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What is the primary requirement that police officers must adhere to before forcibly entering a residence to execute an arrest warrant?
What is the primary requirement that police officers must adhere to before forcibly entering a residence to execute an arrest warrant?
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Which of the following scenarios would likely be considered an unlawful expansion of the searchable area during a search incident to arrest?
Which of the following scenarios would likely be considered an unlawful expansion of the searchable area during a search incident to arrest?
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When is a strip search permissible?
When is a strip search permissible?
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In which of the following circumstances is it permissible for officers to dispense with announcing their presence and purpose before forcibly entering a residence to execute an arrest warrant?
In which of the following circumstances is it permissible for officers to dispense with announcing their presence and purpose before forcibly entering a residence to execute an arrest warrant?
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Under what conditions can an officer execute a fugitive warrant?
Under what conditions can an officer execute a fugitive warrant?
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What is the significance of the Warrant Management System (WMS) for police officers in Massachusetts?
What is the significance of the Warrant Management System (WMS) for police officers in Massachusetts?
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When executing an arrest warrant, what is the MOST important action an officer must take to ensure the legality of the arrest?
When executing an arrest warrant, what is the MOST important action an officer must take to ensure the legality of the arrest?
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Which legal standard is required for a police officer to conduct a lawful frisk of an individual?
Which legal standard is required for a police officer to conduct a lawful frisk of an individual?
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According to the Katz test, what two elements must be present to determine whether a search has violated a person's reasonable expectation of privacy?
According to the Katz test, what two elements must be present to determine whether a search has violated a person's reasonable expectation of privacy?
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What is the legal term used to describe the knowledge held by one officer that can be used to establish reasonable suspicion or probable cause for other officers involved in a cooperative investigation?
What is the legal term used to describe the knowledge held by one officer that can be used to establish reasonable suspicion or probable cause for other officers involved in a cooperative investigation?
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The 'Aguilar-Spinelli rule' is used to assess the validity of information obtained from which of the following sources?
The 'Aguilar-Spinelli rule' is used to assess the validity of information obtained from which of the following sources?
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Which of the following best describes the purpose of the exclusionary rule?
Which of the following best describes the purpose of the exclusionary rule?
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A police officer approaches an individual in a public place and begins asking questions. Under what circumstances is this interaction considered a 'voluntary encounter'?
A police officer approaches an individual in a public place and begins asking questions. Under what circumstances is this interaction considered a 'voluntary encounter'?
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Which scenario represents an exception to the exclusionary rule based on the principle of 'inevitable discovery'?
Which scenario represents an exception to the exclusionary rule based on the principle of 'inevitable discovery'?
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What level of proof is required to justify a Terry stop (investigative stop)?
What level of proof is required to justify a Terry stop (investigative stop)?
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Which of the following scenarios would most likely qualify as an 'exigent circumstance' justifying a warrantless search?
Which of the following scenarios would most likely qualify as an 'exigent circumstance' justifying a warrantless search?
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Which of the following is NOT a recognized justification for conducting an inventory search?
Which of the following is NOT a recognized justification for conducting an inventory search?
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When can a suspect's race be considered as a factor in establishing reasonable suspicion?
When can a suspect's race be considered as a factor in establishing reasonable suspicion?
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A person provides explicit permission for a search without any coercion. This is commonly known as:
A person provides explicit permission for a search without any coercion. This is commonly known as:
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Which of the following actions constitutes a 'seizure' under the Fourth Amendment?
Which of the following actions constitutes a 'seizure' under the Fourth Amendment?
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In which of the following circumstances would the 'plain view' doctrine allow for a warrantless seizure of evidence?
In which of the following circumstances would the 'plain view' doctrine allow for a warrantless seizure of evidence?
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Which of the following factors is LEAST likely to be considered when determining probable cause?
Which of the following factors is LEAST likely to be considered when determining probable cause?
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Which of the following best describes the required contents of a search warrant's premises description for a dwelling?
Which of the following best describes the required contents of a search warrant's premises description for a dwelling?
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Under what circumstances can a 'no-knock' warrant be authorized?
Under what circumstances can a 'no-knock' warrant be authorized?
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According to M.G.L 276 ss3A, what is the deadline for officers to return a served search warrant to the issuing authority?
According to M.G.L 276 ss3A, what is the deadline for officers to return a served search warrant to the issuing authority?
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If a defendant is arrested without a warrant and cannot be brought to court for arraignment within 24 hours, what action must be taken?
If a defendant is arrested without a warrant and cannot be brought to court for arraignment within 24 hours, what action must be taken?
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Which of the following is NOT typically considered a valid justification for establishing probable cause for a warrantless arrest?
Which of the following is NOT typically considered a valid justification for establishing probable cause for a warrantless arrest?
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Under what circumstances can police officers make a warrantless arrest for a misdemeanor?
Under what circumstances can police officers make a warrantless arrest for a misdemeanor?
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What is the determining factor that distinguishes a felony from a misdemeanor, according to the text?
What is the determining factor that distinguishes a felony from a misdemeanor, according to the text?
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What should an officer do if they are unsure of the value of stolen property when investigating a larceny?
What should an officer do if they are unsure of the value of stolen property when investigating a larceny?
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What is the significance of 'breach of the peace' in the context of warrantless arrests for misdemeanors?
What is the significance of 'breach of the peace' in the context of warrantless arrests for misdemeanors?
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What is the consequence of a forcible entry during the execution of a search warrant without proper announcement?
What is the consequence of a forcible entry during the execution of a search warrant without proper announcement?
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An officer responds to a call of someone trespassing in a backyard. By the time the officer arrives, the suspect is no longer in the yard but is on the sidewalk. Can the officer make an arrest for criminal trespass?
An officer responds to a call of someone trespassing in a backyard. By the time the officer arrives, the suspect is no longer in the yard but is on the sidewalk. Can the officer make an arrest for criminal trespass?
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Officers executing a search warrant at a residence find several individuals present. Under what circumstance can they search these individuals?
Officers executing a search warrant at a residence find several individuals present. Under what circumstance can they search these individuals?
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Police officers have a warrant to search a motor vehicle. Which detail is uniquely necessary to include in the warrant?
Police officers have a warrant to search a motor vehicle. Which detail is uniquely necessary to include in the warrant?
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What actions must officers take after knocking and announcing their presence when executing a search warrant?
What actions must officers take after knocking and announcing their presence when executing a search warrant?
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Regarding the execution of a search warrant, when is nighttime defined as?
Regarding the execution of a search warrant, when is nighttime defined as?
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What is necessary for a body cavity search that involves touching or probing?
What is necessary for a body cavity search that involves touching or probing?
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What is the restriction on conducting a protective sweep?
What is the restriction on conducting a protective sweep?
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Under what circumstances can officers search a vehicle without a warrant according to the Carroll Doctrine?
Under what circumstances can officers search a vehicle without a warrant according to the Carroll Doctrine?
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What is required for consent to be considered valid?
What is required for consent to be considered valid?
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Who has actual authority to consent to a search of a home?
Who has actual authority to consent to a search of a home?
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What happens when consent to search is revoked?
What happens when consent to search is revoked?
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What must officers demonstrate to invoke exigent circumstances for a warrantless search?
What must officers demonstrate to invoke exigent circumstances for a warrantless search?
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Which of the following scenarios does NOT constitute legitimate exigency?
Which of the following scenarios does NOT constitute legitimate exigency?
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What is the scope of a search incident to arrest in a motor vehicle?
What is the scope of a search incident to arrest in a motor vehicle?
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Which statement about apparent authority is true?
Which statement about apparent authority is true?
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Which of the following would be considered consent to search?
Which of the following would be considered consent to search?
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What limitation applies to the automobile exception to warrant requirements?
What limitation applies to the automobile exception to warrant requirements?
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What constitutes manual body cavity search?
What constitutes manual body cavity search?
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What requires officers to seek a warrant after a search?
What requires officers to seek a warrant after a search?
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What distinguishes curtilage from open fields?
What distinguishes curtilage from open fields?
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What must police have to justify an exit order during a traffic stop?
What must police have to justify an exit order during a traffic stop?
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Which scenario would NOT qualify as an exigent circumstance?
Which scenario would NOT qualify as an exigent circumstance?
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Which condition is necessary for a valid exigency based on a jailable misdemeanor?
Which condition is necessary for a valid exigency based on a jailable misdemeanor?
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What constitutes a reasonable expectation of privacy in rental cars?
What constitutes a reasonable expectation of privacy in rental cars?
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What is the primary purpose of administrative inventories during searches?
What is the primary purpose of administrative inventories during searches?
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What is a primary condition police must avoid in regard to exigent circumstances?
What is a primary condition police must avoid in regard to exigent circumstances?
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What is required for an investigative stop, also known as a Terry stop?
What is required for an investigative stop, also known as a Terry stop?
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What is the implication of an officer being objectively concerned for their safety during a stop?
What is the implication of an officer being objectively concerned for their safety during a stop?
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Which of the following exemplifies a violation of reasonable expectation of privacy?
Which of the following exemplifies a violation of reasonable expectation of privacy?
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Which scenario best describes a valid exigency situation?
Which scenario best describes a valid exigency situation?
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In which area must police always secure a search warrant, regardless of limitations?
In which area must police always secure a search warrant, regardless of limitations?
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What range of geographical features can constitute curtilage?
What range of geographical features can constitute curtilage?
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Which of the following elements is NOT a requirement to establish probable cause for an investigative stop?
Which of the following elements is NOT a requirement to establish probable cause for an investigative stop?
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Flashcards
1st Amendment
1st Amendment
Guarantees freedom of religion, speech, press, assembly, and petition.
4th Amendment
4th Amendment
Protects against unreasonable searches and seizures by the government.
5th Amendment
5th Amendment
Protects against double jeopardy and self-incrimination.
6th Amendment
6th Amendment
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8th Amendment
8th Amendment
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14th Amendment
14th Amendment
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Article 12 (MA)
Article 12 (MA)
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Statutory Law
Statutory Law
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Frisk
Frisk
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Reasonable Suspicion
Reasonable Suspicion
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Pat Frisk
Pat Frisk
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Vehicle Frisk
Vehicle Frisk
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Police Powers of Arrest
Police Powers of Arrest
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Arrest Warrant Execution
Arrest Warrant Execution
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Fugitive Warrant
Fugitive Warrant
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Exclusionary Rule
Exclusionary Rule
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Warrant Management System (WMS)
Warrant Management System (WMS)
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Search Warrant
Search Warrant
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Objective Standard
Objective Standard
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Subjective Standard
Subjective Standard
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Search
Search
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Seizure
Seizure
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Reasonable Expectation of Privacy
Reasonable Expectation of Privacy
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Probable Cause
Probable Cause
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Aguilar Spinelli Rule
Aguilar Spinelli Rule
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Specific and Articulable Facts
Specific and Articulable Facts
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Voluntary Encounter
Voluntary Encounter
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Consent
Consent
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Plain View Doctrine
Plain View Doctrine
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Exigent Circumstances
Exigent Circumstances
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Receiving Stolen Property
Receiving Stolen Property
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Citizen's Arrest
Citizen's Arrest
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Merchant Detention
Merchant Detention
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Extraterritorial Stop
Extraterritorial Stop
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Search Incident to Arrest
Search Incident to Arrest
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Scope of Search
Scope of Search
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Strip Searches
Strip Searches
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Body Cavity Searches
Body Cavity Searches
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Civil Liability
Civil Liability
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Jurisdiction in Massachusetts
Jurisdiction in Massachusetts
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Manual Body Cavity Search
Manual Body Cavity Search
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Automobile Exception
Automobile Exception
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Protective Sweep
Protective Sweep
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Consent Searches
Consent Searches
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Actual Authority
Actual Authority
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Apparent Authority
Apparent Authority
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Revoking Consent
Revoking Consent
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Factors of Exigency
Factors of Exigency
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Invalid Exigency Examples
Invalid Exigency Examples
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Limited Scope of Searches
Limited Scope of Searches
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Types of Exigency
Types of Exigency
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Property Definition
Property Definition
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Knock and Announce
Knock and Announce
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No-Knock Warrant
No-Knock Warrant
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Special Circumstances
Special Circumstances
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Warrantless Arrest
Warrantless Arrest
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Authority to Arrest
Authority to Arrest
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Felony Definition
Felony Definition
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Misdemeanor Definition
Misdemeanor Definition
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Breach of Peace
Breach of Peace
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Search Warrant Return
Search Warrant Return
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Arrest Criteria
Arrest Criteria
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Larceny Value Requirement
Larceny Value Requirement
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Judicial Officer Contact
Judicial Officer Contact
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Valid Exigency
Valid Exigency
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Requirements for Valid Exigency
Requirements for Valid Exigency
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Curtilage
Curtilage
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Factors for Curtilage
Factors for Curtilage
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Examples of Valid Exigency
Examples of Valid Exigency
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Examples of Invalid Exigency
Examples of Invalid Exigency
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Abandoned Property
Abandoned Property
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Open Field Doctrine
Open Field Doctrine
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Bill of Rights
Bill of Rights
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Investigative Stops
Investigative Stops
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Vehicle Exit Order
Vehicle Exit Order
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Study Notes
U.S. Constitutional Amendments Relevant to Policing
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1st Amendment: Protects freedom of religion, speech, press, assembly, and petition. This applies to interactions with law enforcement. Individuals can record police, verbally, in writing, through symbols (signs), and through audio/video recording (unless restrictions apply). Restrictions exist for obscenity, fighting words, threats, and incendiary speech.
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4th Amendment: Crucial for policing, prohibits unreasonable searches and seizures by the government. Officers must have justification, like a warrant or exceptions to the warrant requirement, for searches and seizures. The "reasonable expectation of privacy" test (Katz test) is key: a person must reasonably expect a place to be private, and society must recognize that expectation as reasonable.
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5th Amendment: Protects against self-incrimination and double jeopardy.
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6th Amendment: Guarantees the right to legal counsel and a speedy public trial. Individuals accused of crimes are entitled to be informed of charges.
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8th Amendment: Protects against excessive bail and fines, and cruel and unusual punishment.
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14th Amendment: Guarantees due process and equal protection under the law to all citizens. Applies individual protections in the Bill of Rights to all states.
Massachusetts Declaration of Rights Relevant to Policing
- Massachusetts' constitution sometimes offers more protection than the U.S. Constitution.
- Its laws must comply with the state constitution.
- Articles 12 & 14 are similar to the 5th and 4th Amendments, respectively, but may offer additional protections.
Other Sources of Law
- Statutory law: Laws created by state and federal legislatures.
- Case law: Interpretations by courts of existing laws, often through specific cases.
Legal Standards for Police Decision-Making
- Objective vs. Subjective:
- Objective reasonableness: What a reasonable person would do.
- Subjective reasonableness: What an individual actor did or believed.
- Search: Physical intrusions to gather evidence.
- Seizure: Taking possession of property, apprehending someone, or restricting movement.
- Reasonable suspicion: Specific facts leading a reasonable person to believe a crime has, is or will be committed. A stop and frisk is permissible with reasonable suspicion, not just a hunch.
- Probable cause: Enough trustworthy evidence to allow a reasonable person to believe a crime has occurred. Crucial for arrests and searches.
Establishing Reasonable Suspicion/Probable Cause
- Aguilar-Spinelli Rule: Judges evaluate information from non-police sources; it has two parts: (1) source reliability/veracity, (2) how the source knows what they know.
- Factors to consider: Location, reason for encounter, officer training/experience, suspect conduct, background, crime type, high-crime area.
Exclusionary Rule
- If probable cause or legal authority is absent, evidence found is inadmissible.
- Exceptions:
- Attenuation: Evidence is far enough removed from the illegal actions.
- Independent source: Evidence found independently of any illegality.
- Inevitable discovery: Evidence would have been found anyway.
- Defective warrant: Issues with warrant validity.
- Invalid arrest: Arrest was not permissible under law.
Voluntary Encounters
- Police aren't constrained by legal justification to approach a person for conversation in public.
Search and Seizure Standards
- Warrant: Court order for search.
- Warrantless Searches: Probable cause is often needed—but exceptions exist.
- Terry Stops (investigative stops): Reasonable suspicion for a brief detention and limited search for weapons.
- Incident to Arrest: Search of person and immediate area to prevent harm, destruction of evidence, or escape.
- Consent: Voluntary and clearly given permission to search.
- Plain view: Seeing something in plain view that provides probable cause.
- Exigent Circumstances: Emergency situations (evading officer, imminent destruction of evidence).
- Inventory: Administrative searches of persons or vehicles prior to impoundment; not to find evidence.
- Protective sweeps: Warrantless searches for persons only, not evidence, in circumstances creating reasonable suspicion of danger.
Automobile Exception (Carroll Doctrine)
- Mobility of vehicles justifies warrantless searches when probable cause exists, and limited by curtilage.
Frisk (Pat-Down)
- Purpose: Protective search for weapons, not evidence.
- Requirements: Reasonable suspicion of the person being armed and dangerous. This requires specific, articulable facts from officers. This includes their observations, training and experience, conduct and mannerisms of the suspect, type of crime being investigated, prior criminal record, and admissions.
Police Powers of Arrest (Massachusetts)
- Arrest Warrant: Authorizes arrest without probable cause at any time.
- Felony: Committed in officer's presence or probable cause exists.
- Misdemeanor: Committed in officer's presence, causing a breach of peace.
Search Warrants (Massachusetts)
- Requirements: Must be written by judicial officials, include specific details of the place to be searched and items to be seized. The location must be described in detail (address, map, photo), along with vehicles
- Execution: Must be completed within a reasonable time, ideally within 7 days of issuance.
- Knock and Announce: Warning must be given before force entry, unless a no-knock warrant is authorized.
Arrests without a Warrant
- Probable cause is required.
- Public place arrests are permissible (if probable cause).
- Entrants to homes without warrant should be avoided unless probable cause.
Citizen's Arrest and Merchant Detention
- Citizen's arrest: Permitted for felonies only when the crime has already been committed.
- Merchant detention: May detain suspected shoplifters for a reasonable length of time.
- Search incident to arrest: This search is limited to grabbing areas, includes containers within reach. Expanded if area or the person in movement.
Jurisdiction
- Municipality-employed: Authority to enforce laws within the specified municipality (town) and any mutual aid areas.
Civil Liability and Police Conduct
- Unreasonable conduct can be subject of civil lawsuits.
Scope of Searches
- Incident to arresst searches must be contemporaneous with the arrest (in time and place)
- Warrantless searches (no consent necessary) may precede arrest if probable cause exists at that time of search
- Scope of a warrant less search is limited to arrestee and area within immediate control.
- Strip searches: Touching the outer/ exposed body parts of a person and moving their body for viewing an area which is otherwise not visible. Can be done only if probable cause believe the subject possesses a weapon or evidence not discoverable by a person frisking search.
- Body cavity searches: Require a search warrant for physical probing, touching, and removal of an area
- Vehicle Searches: Scope of search depends on the circumstances (e.g., person arrested with items on hand inside the vehicle), but probable cause is needed to search areas that could reasonably contain evidence of a crime.
Protective Sweeps
- Limited, warrantless searches to check a premise for people, not evidence. Permitted if reasonable belief they may pose a danger or destroy evidence
Exigent Circumstances
- Emergency situations requiring swift action.
- Basis: Preventing loss/destruction of evidence, protecting officers or others.
- Limitations: Police cannot create the exigency, it must be unforeseeable.
- Valid examples: Seeing blood, hearing gunshots, screams for help.
- Invalid examples: Loud noises in themselves, or OUI alone.
Reasonable Expectation of Privacy (Various contexts)
- Cell phones: Accessing a cell phone’s location data is considered a search.
- Rental cars: A person in possession of a rental car, even if not listed on agreement, may have a reasonable expectation of privacy.
- Abandoned property: No expectation of privacy for abandoned property.
Open Field
- Land not associated with curtilage of a dwelling is open field, which does not merit privacy expectations.
Investigative Stops (Terry Stops)
- Brief, warrantless seizures to assess probable cause for a stop. Based on reasonable suspicion.
- Two-step determination: (1) Permissibility of the police actions,(2) adequacy of the scope of the stop.
Vehicle Exit Order
- Justified when officer safety is threatened, reasonable suspicion of criminal activity.
Other
- Commonwealth vs. Jenkins: If a person is not brought up to court for arraignment within 24 hours after a warrantless arrest, an evaluation of probable cause to make the arrest is needed.
- Various laws regarding larceny and other offenses, and their relationship to arrest powers.
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Description
Test your understanding of key amendments and their protections under the U.S. Constitution. This quiz covers various aspects such as double jeopardy, freedom of speech, due process, and the relationship between state and federal constitutions. Perfect for those studying constitutional law.