MPTC CONSTITUTIONAL LAW EVALUATION EXAM
UPDATED QUESTIONS AND ANSWERS GRADED A+
✔✔Procedural due process - ✔✔Guarantees that the government will not take a
person's life liberty or property interest without notice and meaningful opportunity to be
heard
✔✔Substantive due process - ✔✔Guarantees that the notice hearing and result are fair
✔✔Massachusetts constitution - ✔✔Document that describes how state governments is
structured and articulates the rights of residents
✔✔Civil liability - ✔✔Is potential responsibility for payment of damage or other court
impose sanctions from lawsuits
✔✔Example of civil liability - ✔✔False arrest
Use of force
Mailicious prosecution
Failure to intervene to stop unlawful actions by fellow officer
✔✔Jurisdiction - ✔✔Specific geographical area or territory where police officers
constables or other authorized Massachusetts official can arrest or serve processes
provided they are in uniform or display badge of office
✔✔Extraterritorial stops - ✔✔Officers is in pursuit after witnessing an arrestable offense
in his or her jurisdiction
✔✔Mutual aid agreement - ✔✔All municipalities to enter an agreement its one multiple
municipalities throughout ma
✔✔Transferred authority - ✔✔Police ask another officer of another town to help
✔✔Fresh and continued pursuit - ✔✔Applies when officers observes a driver commit
and officer that is arrestable and that officer need to be initially committed in the officer
presences its in his jurisdiction
✔✔Citizens arrst - ✔✔Any citizen right to arrest someone who has committed a felony
as long as they have probable cause
✔✔Police search and seizures action include - ✔✔Frisk
Arrests
Using force
Seizing property
Investigation stops
, Search for evidence and people
✔✔Seizures - ✔✔When the police take possession of property make an arrest or
restrict a person ability to move freely
✔✔Reasonable suspicion - ✔✔Specific and articulable facts which when taken together
would convince a person of reasonable caution to believe v that a person has
committed , is committed or is about to committed a crime
✔✔Probable cuase - ✔✔Is the fact and circumstances sufficient to convince a person of
reasonable caution to believe that
In the case of arrest: a crime has been comitted and the person arrest has committed it
and
In the case of arrest: a specific item subject to seizures will be found
✔✔Exclusionary rule - ✔✔Makes any evidence obtained by police in unreasonable
search or seizures inadmissible in court.
Commonly referred to as the "fruit of the poisonous tree" doctrine,
the purpose of the exclusionary rule is to deter police officers from
conducting searches and seizures in violation of the 4th Amendment
and to provide a remedy for defendants whose rights have been
infringed.
✔✔Fruits of poisonous tree - ✔✔Obtain evidence illigak
✔✔Voluntary encounters ( non- seizures) - ✔✔As a police officer you can have a
conversation with anyone, if they refuse to talk there is nothing that you can do
✔✔Best police practices for voluntary encounters - ✔✔Communicate to the citizens that
they are
Not under arrest
Free to leave at any time
Do not have to answer questions
Avoid using language like:
Stop
Com over here
I need you to stay here
Do not touch or make physical contact
Do not confine or otherwise restrict person's ability to move freely
UPDATED QUESTIONS AND ANSWERS GRADED A+
✔✔Procedural due process - ✔✔Guarantees that the government will not take a
person's life liberty or property interest without notice and meaningful opportunity to be
heard
✔✔Substantive due process - ✔✔Guarantees that the notice hearing and result are fair
✔✔Massachusetts constitution - ✔✔Document that describes how state governments is
structured and articulates the rights of residents
✔✔Civil liability - ✔✔Is potential responsibility for payment of damage or other court
impose sanctions from lawsuits
✔✔Example of civil liability - ✔✔False arrest
Use of force
Mailicious prosecution
Failure to intervene to stop unlawful actions by fellow officer
✔✔Jurisdiction - ✔✔Specific geographical area or territory where police officers
constables or other authorized Massachusetts official can arrest or serve processes
provided they are in uniform or display badge of office
✔✔Extraterritorial stops - ✔✔Officers is in pursuit after witnessing an arrestable offense
in his or her jurisdiction
✔✔Mutual aid agreement - ✔✔All municipalities to enter an agreement its one multiple
municipalities throughout ma
✔✔Transferred authority - ✔✔Police ask another officer of another town to help
✔✔Fresh and continued pursuit - ✔✔Applies when officers observes a driver commit
and officer that is arrestable and that officer need to be initially committed in the officer
presences its in his jurisdiction
✔✔Citizens arrst - ✔✔Any citizen right to arrest someone who has committed a felony
as long as they have probable cause
✔✔Police search and seizures action include - ✔✔Frisk
Arrests
Using force
Seizing property
Investigation stops
, Search for evidence and people
✔✔Seizures - ✔✔When the police take possession of property make an arrest or
restrict a person ability to move freely
✔✔Reasonable suspicion - ✔✔Specific and articulable facts which when taken together
would convince a person of reasonable caution to believe v that a person has
committed , is committed or is about to committed a crime
✔✔Probable cuase - ✔✔Is the fact and circumstances sufficient to convince a person of
reasonable caution to believe that
In the case of arrest: a crime has been comitted and the person arrest has committed it
and
In the case of arrest: a specific item subject to seizures will be found
✔✔Exclusionary rule - ✔✔Makes any evidence obtained by police in unreasonable
search or seizures inadmissible in court.
Commonly referred to as the "fruit of the poisonous tree" doctrine,
the purpose of the exclusionary rule is to deter police officers from
conducting searches and seizures in violation of the 4th Amendment
and to provide a remedy for defendants whose rights have been
infringed.
✔✔Fruits of poisonous tree - ✔✔Obtain evidence illigak
✔✔Voluntary encounters ( non- seizures) - ✔✔As a police officer you can have a
conversation with anyone, if they refuse to talk there is nothing that you can do
✔✔Best police practices for voluntary encounters - ✔✔Communicate to the citizens that
they are
Not under arrest
Free to leave at any time
Do not have to answer questions
Avoid using language like:
Stop
Com over here
I need you to stay here
Do not touch or make physical contact
Do not confine or otherwise restrict person's ability to move freely
