MPTC Final Exam Review 2024<\/p>\n\n\n\n
1st Amendment
Freedom of Religion, Speech, Press, Assembly, and Petition<\/p>\n\n\n\n
4th Amendment
Freedom from unreasonable searches and seizures by the government<\/p>\n\n\n\n
5th Amendment
The Right to Remain Silent\/Double Jeopardy, right to due process<\/p>\n\n\n\n
8th Amendment
No excessive bail, or cruel and unusual punishment<\/p>\n\n\n\n
Civil Liability
Potential responsibility for payment of damages or other court-imposed sanction in a lawsuit. (You can be sued for violating a persons constitutional rights).<\/p>\n\n\n\n
Jurisdiction
The specific geographical area where a police officer can arrest or serve (provided that they are in uniform or displaying a badge of office).<\/p>\n\n\n\n
Reasonable Suspicion
Specific articulable facts which, when taken together, would convince a reasonable person to believe that a suspect is involved in a crime.<\/p>\n\n\n\n
Probable Cause
Facts and circumstances sufficient to convince a reasonable person to believe that:
A) A crime has been committed and that the person to be arrested committed it.
B) A specific item subject to seizure will be found<\/p>\n\n\n\n
Seizure
When police take possession of property, make an arrest, or restrict a persons ability to move freely.<\/p>\n\n\n\n
Search
The physical invasion or intrusions of privacy by police on people, homes or personal property to obtain information or gather evidence.<\/p>\n\n\n\n
Frisk
A warrantless and limited search of a persons outer garments and area of control by police to discover weapons.<\/p>\n\n\n\n
Arrest Warrant Requirements<\/p>\n\n\n\n
Arrest without a warrant
A) for a felony in the officer’s presence or with probable cause
B) A crime committed in the officer’s presence that amounts to a breach of the peace.
C) Certain misdemeanors committed in the past when arrest is authorized by statute.
D) Certain misdemeanors committed in an officer’s presence<\/p>\n\n\n\n
Search incident to arrest
A search of a person and their area of control after arrest looking for fruits, instrumentalities, and evidence of the crime for which they have been arrested.<\/p>\n\n\n\n
Consent search
When a person waives their 4th amendment rights for officers to search places where the person consenting has a reasonable expectation of privacy. CONSENT MUST BE VOLUTARY AND INFORMED!<\/p>\n\n\n\n
Plain View Doctrine
Police may seize evidence of a crime without a warrant that is in plain view and no reasonable expectation of privacy exists.<\/p>\n\n\n\n
Curtilage
The area immediately surrounding a dwelling<\/p>\n\n\n\n
Exigent Circumstances
Exigent circumstance exist when there is probable cause and:
A) Likelihood of danger to police or other without immediate action.
B) Likelihood of imminent removal or destruction of evidence
C) Risk of flight.<\/p>\n\n\n\n
Inventories
Administrative, non investigatory searches pursuant to written departmental procedures and justified as a means of protecting property.<\/p>\n\n\n\n
Citizen arrest
A private citizen may lawfully arrest someone who has in fact already committed a felony.
A police officer acting outside of his jurisdiction (if not in pursuit) would be considered to be acting as a citizen.<\/p>\n\n\n\n
Direct Evidence
Evidence that directly links a person to a crime without relying on inference or other evidence.<\/p>\n\n\n\n
Physical Evidence
Tangible items\/object that may be direct or circumstantial evidence<\/p>\n\n\n\n
Testimonial Evidence
Includes statements made by, victims, witnesses, suspects and police.<\/p>\n\n\n\n
Circumstantial Evidence
Evidence that relies on an inference to connect to a conclusion of fact.<\/p>\n\n\n\n
Exculpatory Evidence
Evidence or statement that tend to clear, justify or excuse a defendant from fault.<\/p>\n\n\n\n
Relevant Evidence
Evidence tending to make a fact a more or less probable than it would be without the evidence.<\/p>\n\n\n\n
Reliable Evidence
Evidence that has not been tampered with and is in substantially the same condition as originally seized by police when presented to the court.<\/p>\n\n\n\n
Red rejection sticker
Failed for 3 defective tires would be equipment violation.<\/p>\n\n\n\n
Consent searches
Go ahead and look quickly.<\/p>\n\n\n\n
Miranda warning
Must be read aloud<\/p>\n\n\n\n
To wave Miranda rights
Must demonstrate understanding<\/p>\n\n\n\n
Police must maintain meticulous chain of custody to ensure that any evidence seized is
Reliable.<\/p>\n\n\n\n
Police must have a good reason to do show up. What is not a factor required by the courts
Probable Cause<\/p>\n\n\n\n
Delinquent child
A child between 14-18 years old that has violated town ordinance.<\/p>\n\n\n\n
Public way
Road with asphalt and painted lines, open to the public.<\/p>\n\n\n\n
Protective Sweep
Brief search of a house or building to look for individuals (people) only<\/p>\n\n\n\n
While working security at a football game, you stand at the gates to prevent contraband. You see teenager carrying backpack and tries to sneak through. You touch his shoulder to stop and talk to him. What best describes the interaction when you stop the individual
Seizure<\/p>\n\n\n\n
Unclear Invocation of Rights
Do I need an attorney now?<\/p>\n\n\n\n
stubborn child
Repeatedly fails to obey the lawful and reasonable commands of a parent, legal guardian or custodian, thereby interfering with their ability to adequately care for and protect the child<\/p>\n\n\n\n
warrantless arrest
An arrest that is made without obtaining an arrest warrant. The arrest must be based on probable cause and a showing that it was not feasible to obtain an arrest warrant<\/p>\n\n\n\n
16 year old juvenile arrested for armed robbery. How long can you hold him\/her?
Not more than 6 hours<\/p>\n\n\n\n
Within how many days must an individual recently moved to MA notify the RMV
30 days<\/p>\n\n\n\n
Because children are less likely to understand Miranda, interested adult must be present. What is true of them
Must be provided genuine opportunity to consult in private.<\/p>\n\n\n\n
What statement about frisk is correct
Be able to articulate why you think they may be armed.<\/p>\n\n\n\n
BAC of 0.02 carries presumption of intoxication if
Driver under 21 years old<\/p>\n\n\n\n
Man was arrested last week for assaulting a PO, you think he may have another warrant. He runs and you chase him and stop him. What legal justification is present?
No legal justification.<\/p>\n\n\n\n
See a man you think may be selling drugs. What factor is not relevant to stopping
Race<\/p>\n\n\n\n
Felony
a crime, typically one involving violence, regarded as more serious than a misdemeanor, and usually punishable by imprisonment for more than one year or by death.<\/p>\n\n\n\n
Assault and battery
The crime of threatening a person together with the act of making physical contact with them.<\/p>\n\n\n\n
What item is enough to charge with a felony if stolen
$1250 gold watch<\/p>\n\n\n\n
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