MPTC Lynnfield- Final Review (Legal Set) 100% Pass

MPTC Lynnfield- Final Review (Legal Set) 100% Pass Reasonable Suspicion must be based on "specific and articulable facts" which, when taken together, would convince a person of reasonable caution to believe that a person has committed, is committing, or is about to commit a crime. 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 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. Delinquent Child Between 12 and 18 who commits any offense against a law of the commonwealth; provided that such offense does not include the following: 1. a civil infraction 2. a violation of any municipal ordinance or town by-law; or 3. a "first offense misdemeanor" Stubborn Child Between 6 and 18 years old and repeatedly fails to obey the lawful and reasonable commands of a parent, legal guardian or custodian, therefore interfering with their ability to adequately care for and protect the child Public Way any street or highway open to the public and controlled and maintained by some level of government reckless in regard to intent A person is reckless if they, "knew, or should have known, that such actions were very likely to cause substantial harm to someone, but they ran that risk and went ahead anyway" willful in regard to intent "Voluntary and intentional, but not necessarily malicious" Voluntary Encounters Voluntary, non-criminal in nature, and not a seizure under the 4th amendment Protective Sweep limited, warrantless searches to conduct a cursory check of a premise for people only, not evidence Seizure (legal term) When police take possession of property, make an arrest, or restrict a person's ability to move freely Investigative Stop (Terry Stop) occurs when police are dispatched to a report of a crime or witness suspicious conduct. Officer must have reasonable suspicion based on specific and articulable facts that a crime has been, is being is about to be committed Example of an unclear invocation "why do i have to talk to you?" "do i have to say anything?" "im not sure i can talk to you" When can officers make warrantless arrests? if they have probable cause and the legal authority to make and arrest based upon the specific circumstances. Defendant must be afforded a jenkins hearing within 24 hours of arrest if they cannot be brought to court. Examples of when a suspect is considered in custody - police tell a person he "cannot leave" -police tell a person he us "under arrest" -police handcuff and transport person to another location -police tell a person to sit down, then stand or hover over the person Frisks Limited searches of a person's outer clothing for weapons. Frisks require reasonable suspicion with specific and articulable facts that a person may be armed and dangerous. Can a person 16 and over be issued a citation for not wearing their seatbelt in the backseat of a car? Yes When you advise a person of their right to Miranda Warnings, what are you required to ask to show that the waiver was voluntary "Do you want to waive your right?" What is circumstantial evidence? indirect evidence that can be used to imply a fact, but does not directly prove it If you ask a person in charge of something that you want to search and they tell you, "Go ahead" do you have informed consent? Yes What does a meticulous chain of custody practice show? It shows any evidence presented in court is reliable and in the same condition when it was originally seized What do you need to have a show-up identification? Probable cause Under the abuse prevention law (MGL 209A) would the following be considered a family or household member: Joe and Jim are stepbrothers by marriage only Yes Under the abuse prevention law (MGL 209A) would the following be considered a family or household member: Bill and sally lived together in an apartment for less than 1 month yes Under the abuse prevention law (MGL 209A) would the following be considered a family or household member: Mary and Larry have been divorced for 15 years; Frank remarried 3 years ago. Yes You are working a last half tour of duty and see a man walking near the liquor store loading dock. You have a gut feeling he is the primary suspect for several recent auto thefts in the area. You park you police car, get out, and say, "Good evening, Can I give you a ride?" The man stops walking, and says, "Get away from me, I know my rights!" What would this be an example of? Voluntary encounter You are working a paid detail at a high school football, your assignment is the main gate to the football stands, you are there to watch and prevent people from bringing any alcohol, weapons, or illegal contraband into the game. You see a teenager who looks like is trying to hide something in his backpack. When the teenager realized you are watching, he looked down and walked through the gate quickly. Believing the student may be carrying contraband, you gently touch his right arms and politely ask, "Can I talk to you for a second?" The teenager is cooperative and showed you he has not been hiding anything in the backpack. What is this an example of? Seizure Can you move someone against their will during an investigative stop? No Brad, a juvenile, repeatedly fails to obey his parents. Brad's conduct is also interfering with his parent's ability to adequately care for and protect him. Under commonwealth juvenile laws, what is brad described as? A stubborn child While working uniform patrol, you see a man standing on a street corner. You believe he is selling drugs. You approach the man on foot and say, "Hello sir. Please remain still and keep your hands where I can see them." You frisk the man, find a concealed handgun, and arrest him. During a search incident to arrest, you find six grams of heroin in his coat pocket. The handgun was stolen during a recent home invasion. Was this an example of a lawful seizure? Are the drugs and the gun admissible in court? This is an unlawful seizure. Both the gun and the drugs would be inadmissible in court What would the court ask when determining whether a person was in custody after making incriminating statements How long was the interview? What was the alleged crime committed? Where did police conduct the interview? Joey, a 16-year-old juvenile, was arrested for armed robbery. How long can Joey be held in police lockup? 6 hours What must children be afforded when being given miranda warnings? An interested adult, and the ability for them to consult in private Minimum BAC level a driver under the age of 21 must have in order to deny the ability to operate a motor vehicle safely .02% While working in an anti-crime capacity, you see a man walking on the shoulder of Boston Road. After a closer look you realize the man was arrested last week on an outstanding warrant for assaulting a police officer. You stop the patrol car, get out, approach the man, and ask, "When did you get out of jail?" The man immediately runs away. Believing there may be another outstanding warrant on file for the man, you chase and catch him. During a frisk, you find a .40 caliber handgun concealed in the man's jacket. Do you have the legal justification to chase and frisk the man? No