Constitutional Rights Quiz
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Questions and Answers

Which amendment protects citizens from double jeopardy and self-incrimination?

  • 8th Amendment
  • 4th Amendment
  • 5th Amendment (correct)
  • 6th Amendment
  • Which type of speech is NOT protected under the First Amendment?

  • Symbolic speech
  • Incendiary speech (correct)
  • Written speech
  • Verbal speech
  • Which amendment guarantees the right to due process and equal protection under the law, applying the Bill of Rights to all states?

  • 14th Amendment (correct)
  • 6th Amendment
  • 5th Amendment
  • 8th Amendment
  • Which article of the Massachusetts Declaration of Rights is analogous to the Fourth Amendment of the U.S. Constitution?

    <p>Article 14 (D)</p> Signup and view all the answers

    Which of the following BEST describes the relationship between the Massachusetts Constitution and the U.S. Constitution?

    <p>The Massachusetts Constitution must comply with the U.S. Constitution, but can provide greater protections. (D)</p> Signup and view all the answers

    What is the primary function of 'case law' in the context of policing operations?

    <p>To provide interpretations of existing laws by the courts. (A)</p> Signup and view all the answers

    According to the content, what is a critical consideration when a police officer infringes on someone's rights?

    <p>The amount of jurisdiction the officer has in the situation. (A)</p> Signup and view all the answers

    Which of the following rights is NOT explicitly mentioned in the First Amendment?

    <p>Freedom to bear arms (D)</p> Signup and view all the answers

    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?

    <p>Issue a summons to the individual and release them. (D)</p> Signup and view all the answers

    Under what specific circumstance are citizen's arrests legally permitted in Massachusetts?

    <p>For any felony, regardless of whether it was committed in the citizen's presence. (C)</p> Signup and view all the answers

    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?

    <p>The officer must have probable cause to believe the suspect committed a felony. (D)</p> Signup and view all the answers

    Which of the following is the primary distinction between a frisk and a full search?

    <p>A frisk is a protective measure for officer safety, while a search is investigatory. (B)</p> Signup and view all the answers

    What level of certainty is required for a merchant to detain a shoplifting suspect?

    <p>Reasonable suspicion (D)</p> Signup and view all the answers

    What is the primary justification for conducting a search incident to arrest?

    <p>To ensure the safety of the arresting officer and prevent the destruction of evidence. (A)</p> Signup and view all the answers

    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?

    <p>The officer must have reasonable suspicion, based on specific and articulable facts, that the individual is armed and dangerous. (D)</p> Signup and view all the answers

    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:

    <p>To gather intel on other possible crimes. (D)</p> Signup and view all the answers

    Under what circumstances may an officer conduct a frisk inside a vehicle?

    <p>When the officer has reasonable suspicion that the vehicle's occupant is armed and dangerous, and the search is limited to the areas within the occupant's immediate control. (B)</p> Signup and view all the answers

    Which of the following scenarios best exemplifies a lawful arrest?

    <p>An officer arrests an individual with probable cause and pursuant to a valid arrest warrant. (D)</p> Signup and view all the answers

    What is the legal principle primarily violated when a police officer acts unreasonably during an arrest or investigation?

    <p>Civil Liability (A)</p> Signup and view all the answers

    Under what condition can a search occur before a formal arrest?

    <p>If probable cause existed at the time of the search. (C)</p> Signup and view all the answers

    Under what condition can police officers enter a suspect's residence to execute an arrest warrant for that suspect?

    <p>If they reasonably believe that the residence is the suspect's and that the suspect is present at the time of the warrant's execution. (D)</p> Signup and view all the answers

    What is the primary requirement that police officers must adhere to before forcibly entering a residence to execute an arrest warrant?

    <p>Know and announce their presence and purpose before making a forcible entry. (B)</p> Signup and view all the answers

    Which of the following scenarios would likely be considered an unlawful expansion of the searchable area during a search incident to arrest?

    <p>An officer moves the suspect to another room to search that room. (B)</p> Signup and view all the answers

    When is a strip search permissible?

    <p>If probable cause exists to believe the person has concealed a weapon or evidence of the crime for which he was arrested that would not otherwise be discovered by a standard search incident to arrest of persons outer clothing. (A)</p> Signup and view all the answers

    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?

    <p>When the officers have a credible risk of imminent harm. (D)</p> Signup and view all the answers

    Under what conditions can an officer execute a fugitive warrant?

    <p>If the officer confirms through NCIC that an out-of-state agency will extradite the fugitive. (D)</p> Signup and view all the answers

    What is the significance of the Warrant Management System (WMS) for police officers in Massachusetts?

    <p>It is a database used to verify the validity and status of warrants. (C)</p> Signup and view all the answers

    When executing an arrest warrant, what is the MOST important action an officer must take to ensure the legality of the arrest?

    <p>Confirm that the person arrested is the individual named in the warrant. (B)</p> Signup and view all the answers

    Which legal standard is required for a police officer to conduct a lawful frisk of an individual?

    <p>Reasonable suspicion that the person is armed and dangerous. (C)</p> Signup and view all the answers

    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?

    <p>A person expects a place to be private (subjective) and society recognizes that expectation as reasonable (objective). (C)</p> Signup and view all the answers

    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?

    <p>Collective knowledge (B)</p> Signup and view all the answers

    The 'Aguilar-Spinelli rule' is used to assess the validity of information obtained from which of the following sources?

    <p>Non-police sources, witnesses, or anonymous tips. (A)</p> Signup and view all the answers

    Which of the following best describes the purpose of the exclusionary rule?

    <p>To deter police misconduct and remedy constitutional rights violations. (B)</p> Signup and view all the answers

    A police officer approaches an individual in a public place and begins asking questions. Under what circumstances is this interaction considered a 'voluntary encounter'?

    <p>When the individual is willing to listen and voluntarily answer the questions. (C)</p> Signup and view all the answers

    Which scenario represents an exception to the exclusionary rule based on the principle of 'inevitable discovery'?

    <p>Evidence found during an illegal search is admissible if the police can prove they would have inevitably discovered the evidence through legal means. (A)</p> Signup and view all the answers

    What level of proof is required to justify a Terry stop (investigative stop)?

    <p>Reasonable Suspicion (D)</p> Signup and view all the answers

    Which of the following scenarios would most likely qualify as an 'exigent circumstance' justifying a warrantless search?

    <p>Police have reason to believe that evidence is about to be destroyed inside a building. (D)</p> Signup and view all the answers

    Which of the following is NOT a recognized justification for conducting an inventory search?

    <p>Discovering evidence of a crime. (A)</p> Signup and view all the answers

    When can a suspect's race be considered as a factor in establishing reasonable suspicion?

    <p>A court will consider a suspect's race when considering their nervous or evasive behavior when encountered by the police. (A)</p> Signup and view all the answers

    A person provides explicit permission for a search without any coercion. This is commonly known as:

    <p>Voluntary consent (A)</p> Signup and view all the answers

    Which of the following actions constitutes a 'seizure' under the Fourth Amendment?

    <p>Police taking possession of property or restricting a person’s ability to move freely. (A)</p> Signup and view all the answers

    In which of the following circumstances would the 'plain view' doctrine allow for a warrantless seizure of evidence?

    <p>An officer lawfully present inside a home sees weapons. (B)</p> Signup and view all the answers

    Which of the following factors is LEAST likely to be considered when determining probable cause?

    <p>Defendant's fashion sense (C)</p> Signup and view all the answers

    Which of the following best describes the required contents of a search warrant's premises description for a dwelling?

    <p>Complete physical address, map with directions, and a recent photograph. (B)</p> Signup and view all the answers

    Under what circumstances can a 'no-knock' warrant be authorized?

    <p>When the judge determines there is a credible risk of imminent harm if the officers announce their presence. (A)</p> Signup and view all the answers

    According to M.G.L 276 ss3A, what is the deadline for officers to return a served search warrant to the issuing authority?

    <p>As soon as reasonably possible, but no later than 7 days from the date of issuance. (B)</p> Signup and view all the answers

    If a defendant is arrested without a warrant and cannot be brought to court for arraignment within 24 hours, what action must be taken?

    <p>A judicial officer must evaluate the facts to determine whether probable cause existed for the arrest. (B)</p> Signup and view all the answers

    Which of the following is NOT typically considered a valid justification for establishing probable cause for a warrantless arrest?

    <p>Anonymous tips without further verification (D)</p> Signup and view all the answers

    Under what circumstances can police officers make a warrantless arrest for a misdemeanor?

    <p>Only if the misdemeanor constitutes a breach of the peace and is committed in the officer's presence. (D)</p> Signup and view all the answers

    What is the determining factor that distinguishes a felony from a misdemeanor, according to the text?

    <p>Whether the potential sentence includes imprisonment for more than $2.5$ years. (A)</p> Signup and view all the answers

    What should an officer do if they are unsure of the value of stolen property when investigating a larceny?

    <p>Issue a summons to the suspect. (D)</p> Signup and view all the answers

    What is the significance of 'breach of the peace' in the context of warrantless arrests for misdemeanors?

    <p>It justifies a warrantless arrest only if the misdemeanor disturbs public order or tranquility and is committed in the officer's presence. (B)</p> Signup and view all the answers

    What is the consequence of a forcible entry during the execution of a search warrant without proper announcement?

    <p>The evidence obtained will be suppressed. (D)</p> Signup and view all the answers

    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?

    <p>No, because he isnt there in the yard anymore (A)</p> Signup and view all the answers

    Officers executing a search warrant at a residence find several individuals present. Under what circumstance can they search these individuals?

    <p>If there is probable cause to believe any persons present are involved in the criminal activity. (A)</p> Signup and view all the answers

    Police officers have a warrant to search a motor vehicle. Which detail is uniquely necessary to include in the warrant?

    <p>Make, model, year, color, license number, VIN, any unique feature, and recent photograph. (C)</p> Signup and view all the answers

    What actions must officers take after knocking and announcing their presence when executing a search warrant?

    <p>Wait a reasonable amount of time before forcibly entering, giving notice in a manner likely to be heard by anyone who is present. (A)</p> Signup and view all the answers

    Regarding the execution of a search warrant, when is nighttime defined as?

    <p>10:00 PM to 6:00 AM. (A)</p> Signup and view all the answers

    What is necessary for a body cavity search that involves touching or probing?

    <p>Probable cause based on a strong showing of particularized need (C)</p> Signup and view all the answers

    What is the restriction on conducting a protective sweep?

    <p>It is only for checking for individuals, not evidence. (A)</p> Signup and view all the answers

    Under what circumstances can officers search a vehicle without a warrant according to the Carroll Doctrine?

    <p>If there is probable cause to believe evidence is inside the vehicle (C)</p> Signup and view all the answers

    What is required for consent to be considered valid?

    <p>The consent must be given freely without any coercion. (C)</p> Signup and view all the answers

    Who has actual authority to consent to a search of a home?

    <p>Only the homeowner or those with a shared right of access (B)</p> Signup and view all the answers

    What happens when consent to search is revoked?

    <p>Officers must stop searching immediately. (C)</p> Signup and view all the answers

    What must officers demonstrate to invoke exigent circumstances for a warrantless search?

    <p>Probable cause to search and reasonable likelihood of danger (B)</p> Signup and view all the answers

    Which of the following scenarios does NOT constitute legitimate exigency?

    <p>A loud noise in the distance (D)</p> Signup and view all the answers

    What is the scope of a search incident to arrest in a motor vehicle?

    <p>It may extend to any part of the vehicle where evidence may be found. (D)</p> Signup and view all the answers

    Which statement about apparent authority is true?

    <p>Officers can rely on visible circumstances that suggest authority to consent. (B)</p> Signup and view all the answers

    Which of the following would be considered consent to search?

    <p>A person signing a document specifically authorizing a search. (C)</p> Signup and view all the answers

    What limitation applies to the automobile exception to warrant requirements?

    <p>It cannot be applied if the vehicle is on private property. (B)</p> Signup and view all the answers

    What constitutes manual body cavity search?

    <p>Touching or probing the body cavity (B)</p> Signup and view all the answers

    What requires officers to seek a warrant after a search?

    <p>Consent was revoked after contraband was found (A)</p> Signup and view all the answers

    What distinguishes curtilage from open fields?

    <p>Curtilage has a reasonable expectation of privacy not present in open fields. (B)</p> Signup and view all the answers

    What must police have to justify an exit order during a traffic stop?

    <p>Observed infraction or reasonable suspicion of criminal activity. (D)</p> Signup and view all the answers

    Which scenario would NOT qualify as an exigent circumstance?

    <p>The police suspect a noise complaint with no immediate danger. (C)</p> Signup and view all the answers

    Which condition is necessary for a valid exigency based on a jailable misdemeanor?

    <p>An OUI plus a jailable misdemeanor that breaches the peace. (A)</p> Signup and view all the answers

    What constitutes a reasonable expectation of privacy in rental cars?

    <p>Anyone in possession of a rental car has some expectation of privacy. (D)</p> Signup and view all the answers

    What is the primary purpose of administrative inventories during searches?

    <p>To safeguard the owner's property and protect police from theft accusations. (D)</p> Signup and view all the answers

    What is a primary condition police must avoid in regard to exigent circumstances?

    <p>Creating the exigency through their own actions. (A)</p> Signup and view all the answers

    What is required for an investigative stop, also known as a Terry stop?

    <p>Reasonable suspicion based on specific and articulable facts. (B)</p> Signup and view all the answers

    What is the implication of an officer being objectively concerned for their safety during a stop?

    <p>It justifies an exit order or search of a vehicle. (C)</p> Signup and view all the answers

    Which of the following exemplifies a violation of reasonable expectation of privacy?

    <p>Pinging a cell phone without a warrant. (C)</p> Signup and view all the answers

    Which scenario best describes a valid exigency situation?

    <p>A suspect fleeing a violent crime scene. (D)</p> Signup and view all the answers

    In which area must police always secure a search warrant, regardless of limitations?

    <p>Inside a curtilage area. (A)</p> Signup and view all the answers

    What range of geographical features can constitute curtilage?

    <p>Driveways, gardens, decks, and swimming pools. (B)</p> Signup and view all the answers

    Which of the following elements is NOT a requirement to establish probable cause for an investigative stop?

    <p>Suspicion based solely on the person's appearance. (A)</p> Signup and view all the answers

    Flashcards

    1st Amendment

    Guarantees freedom of religion, speech, press, assembly, and petition.

    4th Amendment

    Protects against unreasonable searches and seizures by the government.

    5th Amendment

    Protects against double jeopardy and self-incrimination.

    6th Amendment

    Guarantees the right to a speedy and public trial, and to counsel.

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    8th Amendment

    Prohibits excessive bail and cruel and unusual punishment.

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    14th Amendment

    Provides for due process and equal protection under the law for all citizens.

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    Article 12 (MA)

    Similar to the 5th Amendment; protects against self-incrimination.

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    Statutory Law

    Law written and enacted by legislative bodies.

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    Frisk

    Warrantless searches for weapons on a person’s outer clothing.

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    Reasonable Suspicion

    The belief based on specific facts that a person is involved in criminal activity.

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    Pat Frisk

    A limited search of a person's outer clothing to find weapons.

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    Vehicle Frisk

    Limited search of a car’s interior for safety concerns related to weapons.

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    Police Powers of Arrest

    Authorities given to police to seize individuals and initiate prosecution.

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    Arrest Warrant Execution

    The process of enforcing an arrest warrant by detaining the named individual.

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    Fugitive Warrant

    A warrant needed to arrest someone based on an out-of-state charge or jail.

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    Exclusionary Rule

    Prohibits use of illegally obtained evidence in court.

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    Warrant Management System (WMS)

    System to track and verify warrants for law enforcement.

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    Search Warrant

    Document allowing police to search a specific location for evidence.

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    Objective Standard

    Considers what a reasonable person would think or do.

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    Subjective Standard

    Focuses on an individual’s personal beliefs or actions.

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    Search

    Intrusions by police to gather evidence or information.

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    Seizure

    Police taking property or restricting movement.

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    Reasonable Expectation of Privacy

    Expectation must be subjective and socially reasonable.

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    Probable Cause

    Trustworthy facts that suggest a crime has likely happened.

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    Aguilar Spinelli Rule

    Evaluates information from non-police sources using two prongs.

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    Specific and Articulable Facts

    Factors that can support reasonable suspicion and probable cause.

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    Voluntary Encounter

    Police can engage citizens without legal justification.

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    Consent

    When an individual agrees to a police search voluntarily.

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    Plain View Doctrine

    Officers can seize evidence they clearly see while lawfully present.

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    Exigent Circumstances

    Emergency situations that allow searches without a warrant.

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    Receiving Stolen Property

    To arrest, property value must exceed $250 (felony if over $1200).

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    Citizen's Arrest

    Private citizens may arrest for felonies, not misdemeanors. Must have probable cause.

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    Merchant Detention

    Merchants can detain suspects in reasonable ways for limited times based on probable cause.

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    Extraterritorial Stop

    Officers may stop suspects outside their jurisdiction under mutual aid or fresh pursuit.

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    Search Incident to Arrest

    Searches must be limited to seizing evidence and preventing harm, conducted contemporaneously with arrest.

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    Scope of Search

    A warrantless search must be on the arrestee and their immediate control areas, affected by context.

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    Strip Searches

    Must have probable cause, conducted privately with minimal officers, and should not humiliate the arrestee.

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    Body Cavity Searches

    Visual inspections of genital or anal areas; more invasive than strip searches.

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    Civil Liability

    Police officers can be liable for unreasonable conduct in their duties.

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    Jurisdiction in Massachusetts

    Refers to the municipality where police powers are exercised; limits authority for arrests.

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    Manual Body Cavity Search

    A search requiring touching and probing to find contraband inside body cavities.

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    Automobile Exception

    Allows warrantless searches of vehicles if probable cause exists.

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    Protective Sweep

    A brief, warrantless search for people posing danger after an arrest.

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    Consent Searches

    searches where a person waives their 4th amendment rights to provide access.

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    Actual Authority

    Ability to consent to a search based on shared access or legal agreement.

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    Apparent Authority

    Authority perceived by officers that enables them to conduct a search.

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    Revoking Consent

    An individual's ability to withdraw consent for a search at any time.

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    Factors of Exigency

    Type of crime and potential evidence loss inform exigent searches.

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    Invalid Exigency Examples

    Situations that do not qualify as exigent circumstances, like loud noises alone.

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    Limited Scope of Searches

    Police searches should remain focused on specific evidence related to the arrest.

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    Types of Exigency

    Immediate actions to protect police, others, or prevent evidence loss.

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    Property Definition

    Includes tangible items like books, records, and stolen property.

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    Knock and Announce

    Requirement for officers to announce their presence before entering.

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    No-Knock Warrant

    A warrant allowing police to enter without announcing, for safety reasons.

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    Special Circumstances

    Conditions allowing warrants to be executed during unusual hours or with triggers.

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    Warrantless Arrest

    Arrest made by officers without a warrant under probable cause.

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    Authority to Arrest

    Legal power to arrest someone either in presence of a felony or under specific conditions.

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    Felony Definition

    A serious crime that often results in imprisonment over 2.5 years.

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    Misdemeanor Definition

    A less severe crime usually not resulting in imprisonment.

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    Breach of Peace

    An act that disturbs public order or tranquility.

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    Search Warrant Return

    Requirement to return executed warrants to issuing authority within 7 days.

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    Arrest Criteria

    Conditions such as witnessing a crime or having enough evidence.

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    Larceny Value Requirement

    Value of stolen property must exceed $250 for arrest; $1200 for felony.

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    Judicial Officer Contact

    Police must contact a judicial officer if a detainee isn't arraigned within 24 hours.

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    Valid Exigency

    A legal justification for immediate police action requiring urgent circumstances.

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    Requirements for Valid Exigency

    An OUI plus a jailable misdemeanor that amounts to a Breach of the Peace.

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    Curtilage

    The protected area surrounding a dwelling where privacy is expected.

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    Factors for Curtilage

    Consider proximity to the dwelling, enclosure, usage, and public access restrictions.

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    Examples of Valid Exigency

    Situations like seeing blood, gunshots, or screams for help.

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    Examples of Invalid Exigency

    Loud noises or an OUI alone do not justify immediate police action.

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    Abandoned Property

    Items discarded without an expectation of privacy, allowing police to search without a warrant.

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    Open Field Doctrine

    Any part of property not part of curtilage, lacking privacy protection.

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    Bill of Rights

    The first ten amendments to the Constitution, protecting individual liberties.

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    Investigative Stops

    Warrantless seizures, typically short in duration, to check for probable cause.

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    Vehicle Exit Order

    Police order for a passenger to exit a vehicle during a traffic stop under safety or suspicion.

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    Study Notes

    U.S. Constitutional Amendments Relevant to Policing

    • 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.

    • 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.

    • 5th Amendment: Protects against self-incrimination and double jeopardy.

    • 6th Amendment: Guarantees the right to legal counsel and a speedy public trial. Individuals accused of crimes are entitled to be informed of charges.

    • 8th Amendment: Protects against excessive bail and fines, and cruel and unusual punishment.

    • 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.
    • 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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