MPTC Lynnfield- Final Review -Legal
Set- Questions and answers latest
update
What is a jenkins hearing?
Once an officer makes a warrantless arrest, if the defendant will not be brought to
court for arraignment within 24 hours of the arrest, you must contact a judicial
officer to evaluate the facts and make a determination that probable cause existed
to make the arrest.
What is considered "abuse" under 209A Law?
the occurence of one or more of the following acts between family or household
members attempting to cause or causing physical harm; placing another in fear of
imminent serious physical harm; or causing another to engage involuntarily in
sexual relations by force, threat or duress.
What are the two requirements for giving miranda warnings?
1. Custody
2. Interrogation
Miranda requires suspects to __________, ____________, and ___________ waive their rights
pursuant to miranda
knowingly, intelligently and voluntarily
Probable cause
trustworthy facts and circumstances sufficient to convince a person of reasonable
caution to believe that it is more likely than not that: in the case of a search, a
specific item subject to seizure will be found in the place to be searched. In the
case of an arrest, a crime has been committed and the person to be arrested has
committed it
What do officers need to prove operation of a motor vehicle
they must witness the person operating the motor vehicle first hand or possess
other evidence that implies operation such as witness saying they saw the person
operating the vehicle, person found behind the wheel of a car that just crashed...
etc.
, Failed Inspection for safety equipment
cannot be driven on a public way until the quipment is repaired. Inspections are
issued stickers with a red "R"
Failed inspection for emissions
60 days to repair motor vehicle (20 for motorcycle). Allows for continued
operation. Inspections are issued stickers with a black "R"
What are the two requirements for a consent search to be valid?
It must be voluntary and clearly communicated.
What is consent?
when a person waives their 4th amendment rights for officers to search places
where the person consenting has a reasonable expectation of privacy.
What is the definition of "operating" a motor vehicle in regards to the law?
a person is "operating" a motor vehicle whenever he or she is in the vehicle and
intentionally manipulates some mechanical or electrical part of the vehicle which
alone or in sequence, will set the vehicle in motion.
Can you stop a vehicle for a seatbelt violation alone?
No, another violation must occur to make the stop
Can you stop a vehicle for a child restraint violation?
Yes, as long as the child is <57" tall.
What is circumstantial evidence?
evidence based on inference and not on personal knowledge or observation.
Best practices for chain of custody evidence
1. Date, time and location where evidence was seized
2. Name of officer who seized evidence
3. All dates and times evidence was received or transferred to another person
4. names of all people who came in contact with evidence
5. Full description of evidence for positive ID
3 Factors for doing a show-up
1. Nature of the crime involved and concerns for public safety
2. Need for efficient police investigation in immediate aftermath of a crime
3. Importance of prompt confirmation of the accuracy of investigatory
information
Set- Questions and answers latest
update
What is a jenkins hearing?
Once an officer makes a warrantless arrest, if the defendant will not be brought to
court for arraignment within 24 hours of the arrest, you must contact a judicial
officer to evaluate the facts and make a determination that probable cause existed
to make the arrest.
What is considered "abuse" under 209A Law?
the occurence of one or more of the following acts between family or household
members attempting to cause or causing physical harm; placing another in fear of
imminent serious physical harm; or causing another to engage involuntarily in
sexual relations by force, threat or duress.
What are the two requirements for giving miranda warnings?
1. Custody
2. Interrogation
Miranda requires suspects to __________, ____________, and ___________ waive their rights
pursuant to miranda
knowingly, intelligently and voluntarily
Probable cause
trustworthy facts and circumstances sufficient to convince a person of reasonable
caution to believe that it is more likely than not that: in the case of a search, a
specific item subject to seizure will be found in the place to be searched. In the
case of an arrest, a crime has been committed and the person to be arrested has
committed it
What do officers need to prove operation of a motor vehicle
they must witness the person operating the motor vehicle first hand or possess
other evidence that implies operation such as witness saying they saw the person
operating the vehicle, person found behind the wheel of a car that just crashed...
etc.
, Failed Inspection for safety equipment
cannot be driven on a public way until the quipment is repaired. Inspections are
issued stickers with a red "R"
Failed inspection for emissions
60 days to repair motor vehicle (20 for motorcycle). Allows for continued
operation. Inspections are issued stickers with a black "R"
What are the two requirements for a consent search to be valid?
It must be voluntary and clearly communicated.
What is consent?
when a person waives their 4th amendment rights for officers to search places
where the person consenting has a reasonable expectation of privacy.
What is the definition of "operating" a motor vehicle in regards to the law?
a person is "operating" a motor vehicle whenever he or she is in the vehicle and
intentionally manipulates some mechanical or electrical part of the vehicle which
alone or in sequence, will set the vehicle in motion.
Can you stop a vehicle for a seatbelt violation alone?
No, another violation must occur to make the stop
Can you stop a vehicle for a child restraint violation?
Yes, as long as the child is <57" tall.
What is circumstantial evidence?
evidence based on inference and not on personal knowledge or observation.
Best practices for chain of custody evidence
1. Date, time and location where evidence was seized
2. Name of officer who seized evidence
3. All dates and times evidence was received or transferred to another person
4. names of all people who came in contact with evidence
5. Full description of evidence for positive ID
3 Factors for doing a show-up
1. Nature of the crime involved and concerns for public safety
2. Need for efficient police investigation in immediate aftermath of a crime
3. Importance of prompt confirmation of the accuracy of investigatory
information
