MPTC CONSTITUTIONAL LAW 2026 CORE EXAM MANUAL
QUESTIONS AND ANSWERS GRADED A+
✔✔Plain View Doctrine - ✔✔when officers are lawfully present and see something in
plain view, out in the open. item must be immediately apparent and came across it
unintentionally
(on the scene for a disturbance, see an unlicensed handgun on the table)
✔✔Legal standard for search and seizure for "curtilage" - ✔✔people have a reasonable
expectation of privacy in their curtilage, usually whatever is inside the fence
✔✔define curtilage - ✔✔refers to the area immediately surrounding a dwelling
(garages, gardens, decks, pools)
✔✔is open field part of the curtilage? - ✔✔open field/unused land that is not groomed,
NO not part of curtilage
✔✔Exigent Circumstances - ✔✔allow police to make entry and conduct searches
WITHOUT A WARRANT in places where a reasonable expectation of privacy exists
✔✔factors for exigent circumstances - ✔✔exists when there is BOTH PROBABLE
CAUSE and any of these
1. a reasonable likelihood of danger to officers or 3rd parties
2. reasonable likelihood of imminent removal or destruction of evidence
3. a risk of flight by a wanted person
✔✔Inventories - ✔✔not investigative searches.
purpose is
1. to safeguards the owner's property,
2. protect police from accusations of theft,
3. protect place of detention from potential weapons
✔✔officers MUST follow ______________ when doing inventories - ✔✔their
department's written policy, no discretion
✔✔Define Frisk - ✔✔Reasonable suspicion based on specific and articulable facts that
person may be ARMED and DANGEROUS
limited search of outer clothing for WEAPONS only, not evidence
✔✔5 police powers of arrest in MA - ✔✔1. arrest warrant
2. felony
3. misdemeanor in presence causing breach of peace
4. specific misdemeanors in presence with statutory power of arrest only
5. specific misdemeanors with statutory power of arrest on probable cause
, ✔✔Detention by Merchant - ✔✔a merchant may detain a shoplifter in a reasonable
manner and for not more than a reasonable length of time
✔✔Merchant or Merchant Employee Statement alleging a suspect has committed a
shoplifting offense ... - ✔✔is Probable Cause for police to arrest without a warrant
✔✔Exceptions for jurisdiction (6) - ✔✔Mutual Aid Agreements
OIC Aid
Transferred Authority
Fresh and Continued Pursuit
Citizen's Arrest
Arrest Warrant
✔✔Mutual Aid Agreement - ✔✔allows multiple jurisdiction to share personnel and
equipment and aid eachother when needed.
1. pre-determined agreement
2. possess identical police powers
✔✔Officer in Charge Aid - ✔✔OIC in one town may ask OIC in another town for help.
Once approved responding officers have full police powers. (town 1 has a riot and
requests officers from town 2 for help responding to calls)
✔✔Transferred Authority - ✔✔Situation in which police officers may require suitable aid
from an officer in another jurisdiction (on way to court in a different town, you see a
crime. Ask that towns dispatch for authority to respond)
✔✔Fresh and Continued Pursuit - ✔✔arrestable offense starts in your jurisdiction, and
they flee, you can chase anywhere in Mass.
✔✔For fresh and continued pursuit, when can you cross state lines - ✔✔for a felony
only
✔✔Citzen Arrest - ✔✔a private citizen may lawfully arrest someone who has committed
a FELONY
police officer -pc for a felony
regular citizen - MUST be a felony
✔✔When can officers arrest with an Arrest Warrant - ✔✔anywhere in the state, even
off-duty. must verify warrant is still active and contact the town/city's department to
respond.
✔✔What are the (4) main civil lawsuits filed against police officers? - ✔✔1. false arrest,
2. unlawful (excessive) use of force,
3. malicious prosecution,
QUESTIONS AND ANSWERS GRADED A+
✔✔Plain View Doctrine - ✔✔when officers are lawfully present and see something in
plain view, out in the open. item must be immediately apparent and came across it
unintentionally
(on the scene for a disturbance, see an unlicensed handgun on the table)
✔✔Legal standard for search and seizure for "curtilage" - ✔✔people have a reasonable
expectation of privacy in their curtilage, usually whatever is inside the fence
✔✔define curtilage - ✔✔refers to the area immediately surrounding a dwelling
(garages, gardens, decks, pools)
✔✔is open field part of the curtilage? - ✔✔open field/unused land that is not groomed,
NO not part of curtilage
✔✔Exigent Circumstances - ✔✔allow police to make entry and conduct searches
WITHOUT A WARRANT in places where a reasonable expectation of privacy exists
✔✔factors for exigent circumstances - ✔✔exists when there is BOTH PROBABLE
CAUSE and any of these
1. a reasonable likelihood of danger to officers or 3rd parties
2. reasonable likelihood of imminent removal or destruction of evidence
3. a risk of flight by a wanted person
✔✔Inventories - ✔✔not investigative searches.
purpose is
1. to safeguards the owner's property,
2. protect police from accusations of theft,
3. protect place of detention from potential weapons
✔✔officers MUST follow ______________ when doing inventories - ✔✔their
department's written policy, no discretion
✔✔Define Frisk - ✔✔Reasonable suspicion based on specific and articulable facts that
person may be ARMED and DANGEROUS
limited search of outer clothing for WEAPONS only, not evidence
✔✔5 police powers of arrest in MA - ✔✔1. arrest warrant
2. felony
3. misdemeanor in presence causing breach of peace
4. specific misdemeanors in presence with statutory power of arrest only
5. specific misdemeanors with statutory power of arrest on probable cause
, ✔✔Detention by Merchant - ✔✔a merchant may detain a shoplifter in a reasonable
manner and for not more than a reasonable length of time
✔✔Merchant or Merchant Employee Statement alleging a suspect has committed a
shoplifting offense ... - ✔✔is Probable Cause for police to arrest without a warrant
✔✔Exceptions for jurisdiction (6) - ✔✔Mutual Aid Agreements
OIC Aid
Transferred Authority
Fresh and Continued Pursuit
Citizen's Arrest
Arrest Warrant
✔✔Mutual Aid Agreement - ✔✔allows multiple jurisdiction to share personnel and
equipment and aid eachother when needed.
1. pre-determined agreement
2. possess identical police powers
✔✔Officer in Charge Aid - ✔✔OIC in one town may ask OIC in another town for help.
Once approved responding officers have full police powers. (town 1 has a riot and
requests officers from town 2 for help responding to calls)
✔✔Transferred Authority - ✔✔Situation in which police officers may require suitable aid
from an officer in another jurisdiction (on way to court in a different town, you see a
crime. Ask that towns dispatch for authority to respond)
✔✔Fresh and Continued Pursuit - ✔✔arrestable offense starts in your jurisdiction, and
they flee, you can chase anywhere in Mass.
✔✔For fresh and continued pursuit, when can you cross state lines - ✔✔for a felony
only
✔✔Citzen Arrest - ✔✔a private citizen may lawfully arrest someone who has committed
a FELONY
police officer -pc for a felony
regular citizen - MUST be a felony
✔✔When can officers arrest with an Arrest Warrant - ✔✔anywhere in the state, even
off-duty. must verify warrant is still active and contact the town/city's department to
respond.
✔✔What are the (4) main civil lawsuits filed against police officers? - ✔✔1. false arrest,
2. unlawful (excessive) use of force,
3. malicious prosecution,
