Podcast
Questions and Answers
Which U.S. Constitution amendment protects citizens from unreasonable searches and seizures?
Which U.S. Constitution amendment protects citizens from unreasonable searches and seizures?
Which U.S. Constitution amendment guarantees the right to a speedy public trial?
Which U.S. Constitution amendment guarantees the right to a speedy public trial?
Which U.S. Constitution amendment applies to the protection from excessive bail and cruel and unusual punishment?
Which U.S. Constitution amendment applies to the protection from excessive bail and cruel and unusual punishment?
Which article of the Massachusetts Declaration of Rights is similar to the 5th Amendment of the U.S. Constitution?
Which article of the Massachusetts Declaration of Rights is similar to the 5th Amendment of the U.S. Constitution?
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Which of the following is NOT a source of law related to policing operations?
Which of the following is NOT a source of law related to policing operations?
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What type of law is created by legislative bodies, such as state or federal governments?
What type of law is created by legislative bodies, such as state or federal governments?
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Which of the following is NOT an example of a limitation on the 1st Amendment right to free speech?
Which of the following is NOT an example of a limitation on the 1st Amendment right to free speech?
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What does the term "due process" in the 14th Amendment refer to?
What does the term "due process" in the 14th Amendment refer to?
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What is the highest standard of proof required for a lawful arrest?
What is the highest standard of proof required for a lawful arrest?
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What is the main purpose of a frisk?
What is the main purpose of a frisk?
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Which of the following is NOT a specific and articulable fact that can be used to justify a frisk?
Which of the following is NOT a specific and articulable fact that can be used to justify a frisk?
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When serving an arrest warrant, what is the one requirement that must be met?
When serving an arrest warrant, what is the one requirement that must be met?
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What is the purpose of a search warrant?
What is the purpose of a search warrant?
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What is a “fugitive warrant” used for?
What is a “fugitive warrant” used for?
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What is the exclusionary rule?
What is the exclusionary rule?
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If an officer wants to enter a residence to execute an arrest warrant, what must they do?
If an officer wants to enter a residence to execute an arrest warrant, what must they do?
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What is the scope of a vehicle frisk?
What is the scope of a vehicle frisk?
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When is a frisk considered lawful?
When is a frisk considered lawful?
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A police officer in Massachusetts makes a warrantless arrest of a suspect for a felony outside of his jurisdiction. What is the validity of the arrest?
A police officer in Massachusetts makes a warrantless arrest of a suspect for a felony outside of his jurisdiction. What is the validity of the arrest?
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What is the legal basis for conducting a strip search of a person under arrest?
What is the legal basis for conducting a strip search of a person under arrest?
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What is the legal standard for a merchant to detain a shoplifting suspect?
What is the legal standard for a merchant to detain a shoplifting suspect?
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Which of the following scenarios would NOT justify a warrantless search incident to arrest?
Which of the following scenarios would NOT justify a warrantless search incident to arrest?
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What is the maximum value of stolen property for which a police officer can make an arrest without a warrant in Massachusetts?
What is the maximum value of stolen property for which a police officer can make an arrest without a warrant in Massachusetts?
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Which of the following situations would likely NOT warrant a search incident to arrest?
Which of the following situations would likely NOT warrant a search incident to arrest?
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What is the term for a search incident to arrest that is conducted immediately after the arrest?
What is the term for a search incident to arrest that is conducted immediately after the arrest?
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What is the legal standard for a citizen's arrest in Massachusetts?
What is the legal standard for a citizen's arrest in Massachusetts?
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What is the term used to describe the area within a person's immediate control that can be searched during an arrest?
What is the term used to describe the area within a person's immediate control that can be searched during an arrest?
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What is the primary factor that determines a police officer's jurisdiction in Massachusetts?
What is the primary factor that determines a police officer's jurisdiction in Massachusetts?
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What is the maximum time limit for the execution of a search warrant after issuance?
What is the maximum time limit for the execution of a search warrant after issuance?
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What is a 'triggering event' related to?
What is a 'triggering event' related to?
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Which of these is NOT a valid exception to the 'knock and announce' rule during a search warrant execution?
Which of these is NOT a valid exception to the 'knock and announce' rule during a search warrant execution?
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What must a police officer have to make a warrantless arrest?
What must a police officer have to make a warrantless arrest?
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Which of the following is NOT considered a valid factor in establishing probable cause for a warrantless arrest?
Which of the following is NOT considered a valid factor in establishing probable cause for a warrantless arrest?
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What is considered a breach of the peace?
What is considered a breach of the peace?
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When can a police officer make a warrantless arrest for a misdemeanor?
When can a police officer make a warrantless arrest for a misdemeanor?
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What is the threshold value for larceny to be considered a felony?
What is the threshold value for larceny to be considered a felony?
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What should an officer do if they are unsure of the value of stolen property?
What should an officer do if they are unsure of the value of stolen property?
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What are the five powers of arrest?
What are the five powers of arrest?
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Which of the following could be considered a felony?
Which of the following could be considered a felony?
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What is the general rule regarding the 'knock and announce' requirement during search warrant execution?
What is the general rule regarding the 'knock and announce' requirement during search warrant execution?
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Why must a copy of the search warrant be given to a person in control of the premises?
Why must a copy of the search warrant be given to a person in control of the premises?
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Can police officers enter a private residence to make a warrantless arrest?
Can police officers enter a private residence to make a warrantless arrest?
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What is the purpose of the 'return' of a search warrant?
What is the purpose of the 'return' of a search warrant?
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What is the role of the clerk in relation to a warrant?
What is the role of the clerk in relation to a warrant?
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Which of these options are valid exigent circumstances?
Which of these options are valid exigent circumstances?
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What is the legal requirement for a valid exigency based on an OUI?
What is the legal requirement for a valid exigency based on an OUI?
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What is NOT considered curtilage?
What is NOT considered curtilage?
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What is NOT a valid reason for a vehicle exit order during a traffic stop?
What is NOT a valid reason for a vehicle exit order during a traffic stop?
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What is an open field?
What is an open field?
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What is NOT a limitation regarding exigency?
What is NOT a limitation regarding exigency?
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What is the legal basis for conducting an inventory search?
What is the legal basis for conducting an inventory search?
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Which of these is NOT considered a "specific and articulable fact" that can be used to justify an investigative stop?
Which of these is NOT considered a "specific and articulable fact" that can be used to justify an investigative stop?
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What is the legal basis for "pinging" a cell phone?
What is the legal basis for "pinging" a cell phone?
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What is the standard of proof required for a lawful arrest?
What is the standard of proof required for a lawful arrest?
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Which of these is an example of a "no reasonable expectation of privacy" situation?
Which of these is an example of a "no reasonable expectation of privacy" situation?
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What is the primary purpose of the Bill of Rights?
What is the primary purpose of the Bill of Rights?
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What is the legal basis for a "Terry stop"?
What is the legal basis for a "Terry stop"?
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Which of these is NOT a valid basis for an "exit order" during a traffic stop?
Which of these is NOT a valid basis for an "exit order" during a traffic stop?
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What is the significance of the case Commonwealth v. Jewett in relation to exigency?
What is the significance of the case Commonwealth v. Jewett in relation to exigency?
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Which of the following situations would NOT be considered a manual body cavity search?
Which of the following situations would NOT be considered a manual body cavity search?
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What is required for police officers to conduct a manual body cavity search?
What is required for police officers to conduct a manual body cavity search?
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Under what circumstances can police search a vehicle incident to a lawful arrest?
Under what circumstances can police search a vehicle incident to a lawful arrest?
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What is the primary purpose of a protective sweep?
What is the primary purpose of a protective sweep?
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Which of the following circumstances does NOT justify a protective sweep?
Which of the following circumstances does NOT justify a protective sweep?
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What is the legal basis for the automobile exception to the warrant requirement?
What is the legal basis for the automobile exception to the warrant requirement?
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When is the automobile exception NOT applicable?
When is the automobile exception NOT applicable?
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What is required for a consent search to be valid?
What is required for a consent search to be valid?
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Who has the authority to consent to a search of a home?
Who has the authority to consent to a search of a home?
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Can consent to search be revoked?
Can consent to search be revoked?
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What are the requirements for a search based on exigent circumstances?
What are the requirements for a search based on exigent circumstances?
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Which of the following is NOT an example of a valid exigent circumstance?
Which of the following is NOT an example of a valid exigent circumstance?
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What is a limitation on the use of exigent circumstances?
What is a limitation on the use of exigent circumstances?
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Which of the following is a factor that courts consider when determining whether exigent circumstances exist?
Which of the following is a factor that courts consider when determining whether exigent circumstances exist?
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What is the name of the legal doctrine that allows officers to search a vehicle without a warrant if there is probable cause to believe evidence of a crime is inside?
What is the name of the legal doctrine that allows officers to search a vehicle without a warrant if there is probable cause to believe evidence of a crime is inside?
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Which of the following statements accurately describes the scope of a search incident to arrest?
Which of the following statements accurately describes the scope of a search incident to arrest?
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What is the difference between a seizure and a search?
What is the difference between a seizure and a search?
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Which of the following is NOT a factor considered by courts when determining the reasonableness of a search?
Which of the following is NOT a factor considered by courts when determining the reasonableness of a search?
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Which of the following legal standards requires a lower level of proof than probable cause?
Which of the following legal standards requires a lower level of proof than probable cause?
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Which of the following scenarios would MOST likely establish reasonable suspicion for a police officer to conduct a temporary investigative stop?
Which of the following scenarios would MOST likely establish reasonable suspicion for a police officer to conduct a temporary investigative stop?
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What is the purpose of the Aguilar-Spinelli rule?
What is the purpose of the Aguilar-Spinelli rule?
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Which of the following factors can support reasonable suspicion or probable cause for a police stop, according to the SJC (Supreme Judicial Court)?
Which of the following factors can support reasonable suspicion or probable cause for a police stop, according to the SJC (Supreme Judicial Court)?
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The exclusionary rule prevents the use of evidence obtained illegally. What is the rationale behind the exclusionary rule?
The exclusionary rule prevents the use of evidence obtained illegally. What is the rationale behind the exclusionary rule?
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Which of the following is NOT an exception to the exclusionary rule?
Which of the following is NOT an exception to the exclusionary rule?
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What is a voluntary encounter?
What is a voluntary encounter?
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Which of the following circumstances allows police to conduct a search without a warrant?
Which of the following circumstances allows police to conduct a search without a warrant?
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What is a frisk?
What is a frisk?
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Which of the following is an example of an exigent circumstance that would justify a warrantless search?
Which of the following is an example of an exigent circumstance that would justify a warrantless search?
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Which of the following is NOT a legitimate reason for conducting an inventory search?
Which of the following is NOT a legitimate reason for conducting an inventory search?
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When can a frisk be used during an investigation?
When can a frisk be used during an investigation?
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What is the difference between a subjective expectation of privacy and an objective expectation of privacy?
What is the difference between a subjective expectation of privacy and an objective expectation of privacy?
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What is the 'collective knowledge' doctrine?
What is the 'collective knowledge' doctrine?
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Which of the following is an example of a 'plain view' exception to the warrant requirement?
Which of the following is an example of a 'plain view' exception to the warrant requirement?
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Flashcards
1st Amendment
1st Amendment
Protects freedoms of religion, speech, press, assembly, and petition.
4th Amendment
4th Amendment
Prohibits 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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Massachusetts Article 12
Massachusetts Article 12
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Case Law
Case Law
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Objective Reasonableness
Objective Reasonableness
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Subjective Perspective
Subjective Perspective
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Search
Search
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Seizure
Seizure
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Katz Test
Katz Test
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Reasonable Suspicion
Reasonable Suspicion
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Probable Cause
Probable Cause
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Collective Knowledge
Collective Knowledge
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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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Exclusionary Rule
Exclusionary Rule
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Voluntary Encounter
Voluntary Encounter
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Terry Threshold Inquiry
Terry Threshold Inquiry
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Frisk
Frisk
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Property Definition
Property Definition
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Search Warrant Execution
Search Warrant Execution
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Knock & Announce Rule
Knock & Announce Rule
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No-Knock Warrant
No-Knock Warrant
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Nighttime Searches
Nighttime Searches
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Warrantless Arrest
Warrantless Arrest
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Probable Cause Examples
Probable Cause Examples
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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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Larceny Value Requirement
Larceny Value Requirement
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Summons Definition
Summons Definition
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Execution of Search Warrant
Execution of Search Warrant
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Search Warrant Return
Search Warrant Return
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Authority to Arrest
Authority to Arrest
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Protective Search
Protective Search
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Vehicle Frisk
Vehicle Frisk
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Arrest Warrant
Arrest Warrant
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Execution of Arrest Warrant
Execution of Arrest Warrant
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Fugitive Warrant
Fugitive Warrant
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Search Warrant
Search Warrant
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Entry Without Warrant
Entry Without Warrant
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Warrant Management System (WMS)
Warrant Management System (WMS)
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Receiving Stolen Property
Receiving Stolen Property
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Extraterritorial Stops
Extraterritorial Stops
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Citizen's Arrest
Citizen's Arrest
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Merchant Detention
Merchant Detention
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Search Incident to Arrest
Search Incident to Arrest
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Contemporaneous Search
Contemporaneous Search
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Scope of Warrantless Search
Scope of Warrantless 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 in Policing
Civil Liability in Policing
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Manual Body Cavity Search
Manual Body Cavity Search
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Protective Sweep
Protective Sweep
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Automobile Exception
Automobile Exception
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Consent Search
Consent Search
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Actual Authority
Actual Authority
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Apparent Authority
Apparent Authority
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Exigent Circumstances
Exigent Circumstances
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Revocation of Consent
Revocation of Consent
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Warrant Requirement
Warrant Requirement
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Specific Articulable Facts
Specific Articulable Facts
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Carroll Doctrine
Carroll Doctrine
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Probable Cause for Arrest
Probable Cause for Arrest
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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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Limitations on Exigency
Limitations on Exigency
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Valid Exigency Examples
Valid Exigency Examples
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Invalid Exigency Examples
Invalid Exigency Examples
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Reasonable Expectation of Privacy
Reasonable Expectation of Privacy
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Pinging a Cell Phone
Pinging a Cell Phone
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Open Field Doctrine
Open Field Doctrine
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Investigative Stops
Investigative Stops
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Terry Stops
Terry Stops
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Vehicle Exit Order
Vehicle Exit Order
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Community Caretaking Function
Community Caretaking Function
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Bill of Rights
Bill of Rights
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Study Notes
U.S. Constitutional Amendments Related to Policing
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1st Amendment: Protects freedom of speech, religion, press, assembly, and petition. Limits on speech include obscenity, fighting words, threats, and incendiary speech. Citizens may record police actions (verbally, written, symbolically (signs)) and videotape with consent, or even secretly.
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2nd Amendment: Establishes the right to keep and bear arms.
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4th Amendment: Prohibits unreasonable searches and seizures by the government. Crucial for policing, as officers must understand what constitutes a search and seizure. The more intrusive the action, the stronger the need for police justification. Important legal standards for searches include warrants, exceptions to warrants, probable cause, specific and articulable facts, consensual encounters, plain view, exigent circumstances.
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5th Amendment: Protects against self-incrimination and double jeopardy. Similar to Article 12 of the Massachusetts Declaration of Rights.
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6th Amendment: Enshrines the rights of accused persons to an attorney, speedy trial, and an impartial jury.
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8th Amendment: Protects against excessive bail, fines, and cruel and unusual punishments.
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14th Amendment: Guarantees due process and equal protection under the law to all citizens. Applies Bill of Rights protections to the states.
Massachusetts Declaration of Rights
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Article 12: Similar protections as the 5th Amendment.
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Article 14: Similar protections as the 4th Amendment.
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Massachusetts Constitution: All laws must comply with the state constitution, sometimes offering greater protections than the U.S. Constitution. The constitution is divided into parts, chapters, sections, and articles of amendments.
Sources of Law
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Statutory Law: Written laws enacted by legislative branches (state or federal).
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Case Law: Court interpretations of law, often reviewed through fact patterns.
Legal Standards for Police Actions
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Objective vs. Subjective Tests: Objective reasonableness focuses on what a reasonable person would do, while subjective focuses on an individual's specific beliefs and actions.
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Seizures and Searches:
- Search: Intrusion into a person's privacy (home, body, property) by police.
- Seizure: Police taking possession of property, arresting someone, or restricting movement.
- Reasonable Expectation of Privacy (Katz Test): A person must have subjective expectation of privacy, and that expectation must be one that society recognizes as reasonable. Courts consider a search's reasonableness based on various factors.
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Probable Cause: Trustworthy facts and circumstances showing it's more likely than not that a crime has been committed or evidence exists. Critical for arrests and searches.
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Reasonable Suspicion: Less than probable cause, but more than a hunch. Used for temporary investigative stops and frisks, requiring specific and articulable facts.
- Aguilar-Spinelli Rule: Evaluates non-police sources of information, requiring basis of knowledge and veracity.
- Factors that can support reasonable suspicion/probable cause include encounter location, reason for encounter, officer training and experience, suspect's behavior (nervousness, evasiveness), high-crime areas, the suspect's race (considered alongside other evidence).
Exclusionary Rule
- Purpose: Deter police misconduct, remedy for violated constitutional rights.
- Requirements for invoking: Government action (police), standing (violation of the individual's rights), reasonable expectation of privacy (Katz test), lack of probable cause (warrant or valid exception).
- Exceptions: Attenuation/purging the taint, independent source, inevitable discovery, defective warrant, invalid arrest.
Voluntary Encounters
- Definition: Police can approach and question citizens in public places without justification if the person is willing to listen and answer.
Arrest Warrants
- Execution: Officers announce presence & purpose before forcibly entering, unless a no-knock warrant has been granted.
- Restriction: Non-compliance with knock-and-announce can lead to evidence suppression.
- Jurisdiction: An arrest warrant allows any Massachusetts officer to serve it outside their usual jurisdiction.
- Requirements: The officer must provide the warrant to the arrestee as soon as possible. Physical possession is not required, but they must identify the person they are arresting. Double-check warrant information in the WMS (Warrant Management System).
- Probable Cause: Not required for executing arrest warrants; probable cause for issuance sufficed.
Search Warrants
- Issuance: Issued by judicial officials, for specific locations/items for evidence.
- Types: Premises (address, description), motor vehicles (description, photo).
- Execution: Execution must happen within 7 days, officers must have a copy, a copy must be provided to the premises occupant.
- Knock and Announce: Officers must knock and announce their presence for forcible entries, unless a no-knock warrant is issued. An exception is needed if there is a credible risk of imminent harm.
- Judge vs. Clerk: A judge is needed for no-knock warrants or body cavity searches (strong showing of particularized need, high degree of probable cause).
- Return: Search warrants must be returned to the issuing authority within 7 days.
Arrest Without a Warrant
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Authority: Police have authority to arrest for felonies committed in their presence, or with probable cause to believe a felony occurred, and for misdemeanors committed in their presence that amount to a breach of the peace, and certain other misdemeanors by statute (e.g. drug offenses, MV offenses).
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Probable Cause Requirements: Officers must have facts establishing probable cause. These can include officer's knowledge, observations, victim/witness/anonymous tip statements, suspect's prior record, confessions, etc.
- If not brought to court for arraignment within 24 hours of a warrantless arrest (due to weekends, holidays), officers need a judicial evaluation to confirm probable cause.
Citizen's Arrest and Merchant Detainments
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Citizen's Arrest: Limited to felonies witnessed and committed; not for misdemeanors.
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Merchant Detainments: A merchant can detain a suspected shoplifter for a reasonable time/manner; shoplifting accusations are probable cause for police arrest.
Jurisdiction and Civil Liability
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Jurisdiction: Related to municipality-employed police officers.
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Civil Liability: Police conduct has potential for civil liability; unreasonable conduct can be a cause of action.
Search Incident to Arrest
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Scope: Searches limited to the arrested person and the area within immediate control for weapons or evidence destruction. Search must happen concurrently with the arrest.
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Grabbing Area: Scope depends on arrest circumstances (multiple officers/suspects, positioning, restraint). The area searched is also subject to change if the suspect changes position voluntarily.
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Strip Searches: Probable cause needed; not physically invasive or humiliating; specific written policies must be followed.
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Body Cavity Searches: Visual searches - no touching, require probable cause. Manual searches (touching/probing) require a judge-issued warrant.
Motor Vehicle Searches
- Carroll Doctrine/Automobile Exception: Probable cause to believe evidence is in the vehicle is sufficient to search, due to mobility. This exception usually does not apply if the vehicle is parked on the property of a house.
Protective Sweeps
- Definition: Warrantless cursory checks of premises for people, not evidence, based on reasonable belief of danger or evidence destruction.
Exigent Circumstances
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Definition: Immediate action required, for evidence preservation or protection of people/officers.
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Requirement: Police action necessary, and the exigency is not created or foreseeable by police; there's no delay.
Consent Searches
- Valid Consent: Must be voluntary, clearly communicated, by someone with actual or apparent authority.
- Revocation: Consent can be revoked at any time, searches must stop.
- Who can consent: Occupants with actual or apparent authority or control over the area.
Curtilage
- Definition: Protected area immediately surrounding a dwelling and considered part of the house. Includes gardens, driveways, garages, etc. but does not include motel rooms, hotels, or business premises.
- Open Fields: Land not part of the curtilage (no expectation of privacy) can be searched without a warrant.
- Reason for distinction of curtilage and open fields: It is considered a protected area around the house due to the reasonable expectation of privacy by occupants.
Other concepts including reasonable expectation of privacy for cell phones, rental cars, and abandoned property, open fields, and stop searches (terry stops), vehicle exit order.
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Description
Test your knowledge on the amendments of the U.S. Constitution and their implications in law enforcement. This quiz covers topics like unreasonable searches, right to a fair trial, and due process protections. Challenge yourself to see how well you understand the foundational documents of American law.