1
Q
A fetus can be the victim of murder or manslaughter as long as the fetus is: (1)
A
- Viable at the time of death.Viable means having the ability to survive outside the womb.
2
Q
True or False?Gender-affirming and reproductive health care services are protected civil rightsd in Massachuesetts?
A
True
3
Q
Children must attend school until what age?
A
Children must attend school until their 16th birthday.
4
Q
At what age can a child deliver newspapers with their parent or guardian’s permission?
A
9 years old or older.
5
Q
Define the “Tender Years” Doctrine
A
This law states that any child 13 years or younger lacks maturity to consent to go with an adult. This is used to contest children giving consent during kidnap cases.
6
Q
At what age is a juvenile considered an adult and is no longer afforded the rights under Child Requiring Assistance (CRA) laws, juvenile court, or parental privilege during custodial interrogation?
A
18 or older.17 or younger and the person is still considered a juvenile.
7
Q
What is the minimum age for the Mandatory Elder Abuse requirements?
A
60 or older.
8
Q
When officers arrest caregivers how can they assure that they will avoid any liability?
A
By trying to provide reasonable care for any child or dependent left behind
9
Q
What is the purpose of the Care and Protection procedure outlined under Mass General Law Chapter 119 section(s) 24-26?
A
Its purpose is to remove children from abusive and unsafe environments when there is no other alternative.
10
Q
What age does the Care and Protection procedure cover?
A
Any child under 18.
11
Q
Who may initiate a Care and Protection process?
A
Anyone. Typically a DCF worker begins the process.
12
Q
What are the 2 ways children can be removed from their home under the Care and Protection law?
A
- Police on-scene emergency intervention.2. DCF requests police to remove child based on court order.
13
Q
DCF can remove a child for up to 72 hours in order to safeguard the child and hold a court hearing. What is the standard of evidence that DCF must show in order to keep child out of home longer than 72 hours?
A
Preponderance of the evidence. (More than 50% evidence).
14
Q
After a Care and Protection Hearing the court has three options. What are they?
A
- Commit child to DCF until 18 years old or until the reason for commitment is accomplished.2. Leave child with parents and impose conditions.3. Transfer temporary legal custody of the child to DCF, a qualified agency, or a qualified individual.
15
Q
The court must hold a “permanency hearing” for any child in DCF custody how often?
A
Every 12 months.DCF determines if the child will be returned to his parent. Placed for adoption.Referred for legal guardianship. Placed in permanent care with relatives.Placed in another permanent, planned living arrangement
16
Q
Mass General Law Chapter 119 section 22 requires DCF to inspect all foster homes how often?
A
Once per year
17
Q
What are the ages for Mandatory Reporting Requirements? (3).
A
- Under 18-file 51A.2. Mentally and/or Physically disabled between 18 and under 60.3. Elders age 60 and older.
18
Q
How soon must a police officer file an oral report to the appropriate authority for abuse or neglect?
A
Immediately.
19
Q
How soon must a police officer file a written report to the appropriate authority for abuse or neglect?
A
Within 48 hours. The book recommends sending the police report.
20
Q
What is the standard needed by police in order to file a report based on abuse, neglect, or financial exploitation?
A
Reasonable cause to believe.That there was abuse, neglect, or financial exploitation.
21
Q
True or False:Police Officers are exempt from being held liable for any mandated reports as long as they acted in good faith.
A
True
22
Q
How soon after an oral report is filed in an Emergency situation must DCF begin their investigation?
A
Within 2 hours of filing the oral report.They must complete it within 24 hours.
23
Q
How soon must DCF begin an investigation in a non-emergency situation?
A
Within 2 business days and finish within 15 business days.
24
Q
After DCF receives the report, how soon must they notify the mandated reporter of the outcome?
A
Within 30 days
25
The legislature replaced CHINS with a new system called:
"Children Requiring Assistance" - The CRA system retains some features of CHINS, while emphasizing more community-based programs before Juvenile Court involvement.
26
Children Requiring Assistance - (CRA). applies to children of what age:
a child age 6 to under 18.
27
Children Requiring Assistance - (CRA). applies to three areas regarding a child's behavior: (3)
1. A child who repeatedly runs away from the home of a legal custodian.2. A child who repeatedly fails to obey the lawful and reasonable commands of a legal custodian.3. A child that is sexually exploited.
28
Children Requiring Assistance - (CRA). In the school setting applies to a child age 6 to 16 that: (2)
1. Repeatedly fails to obey lawful and reasonable school regulations or2. Is habitually truant by failing to attend school for more than 8 school days in a quarter.(Important - the age is only up to age 16 for CRA as it pertains to school-age children, not 18. Because at 16 a child can decide to quit school!)
29
Police officers may take a child into Protective Custody (PC) for running away but they MUST have one thing to do it:
Officers must have probable cause that a child has run away and will not respond to a summons.
30
If a child is named in a CRA warrant of protective custody, officer must deliver the child to Juvenile Court no later that what time:
No later than 4:30 p.m. on a day that court is in session
31
If officers encounter a child named in a Protective Custody CRA warrant after hours (4:30PM) what are their options: (2)
(1) Inform the child (and his or her parent or guardian) about the WPC and direct them to go to court the next day; or(2) Place the child into PC as a runaway (if applicable) and execute the WPC the next day.
32
Can a CRA child be handcuffed?
No.G.L. c. 119, section 39H clearly states that "a child may not be confined in shackles or similar restraints."
33
What are the detention restrictions for a CRA child (RUNAWAY) that is brought to the station: (6)
(1) No handcuffs;(2) Hold in an unlocked room(3) under continuous visual supervision (must be a person); (4) Sight and Sound separate from adult prisoners(5) No booking (no photos/prints)(6) No CJIS entry(for only as long as it takes to reunite with a legal custodian or to call211 and place with shelter.)
34
Can a child be transported in a police wagon?
G.L. c. 119, section 34 prohibits the police from transporting a child in a police wagon to any Court or Institution.(This is an often confused area and would likely be appealed on - what is an institution, Technically - a child can be transported in a police wagon just not to a court or institution.)CRA children should only be transported in a marked or unmarked cruiser.
35
Who can apply for a CRA regarding:- Behavior issues?- Sexual Exploitation?- School-Related Issues?
- For behavior issues: Legal Custodian.- For sexual exploitation: Legal Custodian or police officer.- For school-related issues: School district personnel
36
THE REGULATION OF SEX OFFENDERS (SO): There are four SO registration offenses: (4)
1. Fail to register;2. Fail to verify his registration information;3. Fail to provide notice of his change of address; or4. Provide false information.
37
What is your strongest action when you learn that a Sex Offender is operating an Ice Cream Truck?
Warrantless arrest on probable cause.
38
An incarcerated sex offender must register within how many days of his release?
An incarcerated SO must register 2 days before release.
39
An Out of State Sex Offender that moves to Massachusetts must register in MA within how many days by mail if moving to Ma., before beginning employment, or transferring to an institution of higher learning? (3)
1. within 2 days of moving into the Commonwealth.2. within 2 days of beginning employment here.3. within 2 days of attending or transferring to "an institution of higher learning" within Massachusetts.
40
What are the registration requirements for a sex offender that is moving out of Massachusetts?
Must notify Sex Offender Registry Board by mail:No less Than 10 days before moving out.
41
What are the registration requirements for a sex offender that is changing their work or residence address in MA?
Must notify Sex Offender Registry Board by mail :No less Than 10 days before making the change.
42
What are the registration requirements for a sex offender that is attending, transferring to, or transferring from a Massachusetts "institution of higher learning"?
Must notify Sex Offender Registry Board by mail :No less Than 10 days before attending.
43
What are the three levels of sex offenders:
Level 1 - Risk of re-offense is low.Level 2 - Risk of re-offense is moderate.Level 3 - Risk of re-offense is high.
44
How often does a level 1 Sex offender have to register and by what means?
Annual verification by mail.
45
How often does a level 2 Sex offender have to register and by what means?
Every Year in Person.
46
How often does a level 3 Sex offender have to register and by what means?
Every Year in Person.
47
If a Level 2 or 3 Sex offender is homeless, how often do they have to register and by what means?
Every 30 days in person.(A level 1 homeless must register by mail every thirty days)
48
A sexually violent predator shall appear in person at the police department every _____ days to verify registration data.
45
49
Which level of sex offender, if homeless, must wear a GPS monitoring device?
All three levels of homeless sex offenders must wear a GPS monitoring device.
50
If a Level 3 offender has been designated a sexually violent predator (SVP), community notification shall occur every -------calendar days.
90 days.
51
Police departments shall actively disseminate Level 3 offender information at least once----------.
annually.
52
How long does the duty to register last for a sex offender?
20 years.It can be reduced to 10 if there are no new offenses and the SO does not pose a danger.
53
How old do you have to be to request sex offender information?
18 or older and appear in person at the station with proper ID.
54
Abandoned NewBorns:Within 7 days a newborn's parent can voluntarily place them at a designated facility without legal consequences, what qualifies as a designated facility? (3)
1. hospital,2. police station, or3. manned fire station.
55
Abandonment of a child under 10 by any parent is a misdemeanor charge which can only be brought by a complaint. What can turn this charge into a felony?
(This was a previous test question.) If the child dies because of abandonment. (The absence of the parent or caregiver must be more than brief and temporary. Not enough to leave child in car while you go into store.)
56
What is the strongest action against a person who abandoned his spouse and/or minor child, leaves Massachusetts or enters Massachusetts without making reasonable provisions for their support and:- Willfully and while having the financial ability or earning capacity to have complied, failed to comply with an order or judgment for support entered pursuant to the laws of the Commonwealth or of another state.
Felony.This is the offense of failing to pay child support. Must be willful and non-payment alone is not enough.
57
What are the two important goals of the Massachusetts Child Support system?
1. Providing for best interest of children.2. To ensure that taxpayers are second to parents in meeting dependent child's financial needs.
58
Massachusetts Department of Revenue can request a warrant in WMS for failure to pay child support when at least-----months of support are owed.
At least 6 months are owed.
59
It is a misdemeanor for anyone 18 years or older to neglect their mother or father or refuse to support them when their mother or father cannot maintain themselves. What are the two exceptions?
1. The child, when a minor, was not reasonably supported by same parent.2. The child, with help from sibling, has made a reasonable contribution.
60
What is the first step for youth to receive mental health treatment?
A professional evaluation in order to discover the underlying cause of the youth's behaviors and symptoms, and to determine what interventions will help.
61
Chapter 123 section 12. Protective Mental Health "Section 12". Involuntary Commitment is based on likelihood of serious harm and the following 3 things:
1. Danger to self.2. Danger to others.3. Inability to protect self.
62
4 Categories of Involuntary Commitment for Section 12's: (4)
1. Clinician issues pink paper after evaluation.2. Clinician issues pink paper in Emergency3. Officers restrain the person in an emergency situation where there is a likelihood of serious harm.4. Judge issues warrant of apprehension.
63
What is the maximum number of days someone can be involuntarily committed under Chapter 123 Section 12?
3 days.
64
True or False:Police may enter a private dwelling in order to take someone into custody for a section 12 as long as it was issued by Clinician or Judge.
True.Police will need probable cause that the person poses a "likelihood of serious harm" before taking them into custody in an emergency situation without clearance from Clinician or Judge.
65
Who is responsible for developing statewide policies and training for missing persons?
Colonel of State Police.
66
What is the definition of a "Missing Child"?
Any person under 18 who is "missing from his normal and ordinary place of residence and whose whereabouts cannot be determined by the person responsible for such child's care".
67
Police are required to tell a child's school when that child is reported missing. What must the school do?
The school must "mark" child's record and immediately report any request for record or other information on child to the police. Police must also inform the school if the child is found.
68
Under what age are police required to enter missing persons into CJIS/NCIC Missing Person File?
Under 21
69
What are the 3 requirements for an Amber Alert Broadcast?
1. Under age of 18.2. Police believe the child is in danger of serious bodily harm or death.3. There must be enough descriptive information for law enforcement to believe an AMBER Alert will help locate the child.
70
What are the elements of Parental Kidnapping, Chapter 265 section 26A?
1. The suspect was a relative of a child less than 18 years old.2. The suspect, without authority, held or intended to hold a child permanently or for a protracted period of time or.3. Took or enticed the child from his or her lawful custodian.4. The suspect took or enticed from lawful custody any incompetent person or other person "entrusted by authority of law to the custody of another person or institution."
71
When is Parental Kidnapping a Felony?
1. If the offender has exposed a child or incompetent person to danger.2. Or removed a child from the Commonwealth.
72
In order to charge aggravated A and B on a child, what is the age range of the child?
Child under age 14.
73
What are the current Massachusetts Regulations regarding babysitters?
No Massachusetts regulations governing babysitters.
74
Are stepparents that act as guardians entitled to the parental discipline defense?
Yes.
75
In order to charge the crime of Indecent A & B on a child 14 and over, police must prove?
Lack of consent. (remember this age can consent to sexual touching)A & B on a child under 14 - the lack of consent is not an element.
76
If an officer encounters this behavior: sexual touching for arousal, or offense is in an area that recklessly risks public exposure, what would be the appropriate charge?
Lewd & Lascivious Conduct
77
If an officer encounters this behavior: exposure of breasts, genitals or butt to a person shocked or alarmed in an area that recklessly risks public exposure, what would be the appropriate charge?
Open & Gross Lewdness.— public issue waived for children, but not alarm/shock
78
If an officer encounters this behavior: exposure of breasts or genitals — not buttocks — that offends someone in either a public or private place, what would be the appropriate charge:
Indecent Exposure.
79
What is your strongest action: Minor attempts to get alcohol by fake or altered ID, or by using the ID of another?
Warrantless arrest in presence (if he actually gets alcohol, arrest for minor in possession.
80
What is your strongest action: Minor attempts to get alcohol by misrepresentation or other methods not involving a fake ID?
Complaint, no arrest.
81
What is your strongest action: Minor fails to provide ID information upon request of a licensing agent on licensed premises?
warrantless arrest in presence.
82
What is your strongest action?Alcohol bought for or delivered to youth under 21 by:Bartender, waiter, or waitress; orRetail merchant or agent orAny person, other than a parent in a liquor store parking lot?
Warrantless arrest in presence. Not necessary to prove monetary exchange since delivery is sufficient evidence of sale.
83
What is your strongest action: person supplies or allows alcohol to be drunk by minor on premises or property owned or controlled by the person charged?
Complaint - This is Furnishing.Warrantless arrest in presence (if delivery occurs outside home.)
84
What is your strongest action: Person orders — in any public area that is not a package store — alcohol for minor that adult knew or had reason to know was under 21, parents included:
- If the youth does not get alcohol-complaint.- If the youth does get alcohol, warrantless arrest in presence. (Some people still believe that they can order alcohol for the kids in a restaurant, they can't!)
85
What is your strongest action: Person alters, loans, provides, or assists youth in obtaining fake ID?
Warrantless arrest in presence. (alcohol and age questions are often tested)
86
What is your strongest action: Person misrepresents or induces minor to misrepresent his or her age in order to procure alcohol?
- If the youth does not get alcohol-complaint.- If the youth does get alcohol, warrantless arrest in presence.
87
What is your strongest action: Bartender, package store operator, or other licensed agent delivers alcohol to an intoxicated patron?
warrantless arrest in presence although _the book strongly recommends that officers pursue an administrative action for this over-service violation_
88
Acceptable forms of identification to purchase alcohol in MA are: (6)
1. Massachusetts driver's license;2. Massachusetts Liquor Identification Card.3. Massachusetts Identification Card;4. Passport issued by the United States or a country recognized by the United States;5. Passport card (which is like a driver's license except issued with a valid passport); or6. Military identification
89
What is the minimum age to possess and consume medical marijuana?
No minimum age, although patients under 18 must be approved by two physicians and have a parent or guardian as a caregiver.
90
What are the top two inhalants being abused in Massachusetts? (2)
1. computer gas duster and2. propane/butane.
91
What is your strongest action for encountering someone intentionally inhaling fumes from a toxic substance?
warrantless arrest in presence.
92
How long can a minor aged 14 and 15 be employed during school days?
No more than 3 hours per day on school days.
93
Minors aged 16 and 17 may not be employed for more than how many hours each day?
No more than 9 hours.
94
14 through 17-year-old minors, who wish to work, must obtain an employment permit from the ------------ in the city or town in which they live.
superintendent of schools.
95
School Attendance:How many absences can a student haveUnder G.L. c. 76 section 1.
A student may not exceed 7-day sessions or 14 half-day sessions in any 6 month period. (Don't confuse with habitual truant status for CRA)
96
CRA defines a habitual truant as a child at least 6 years old, but under the age of 16; and has willfully failed to attend school for more than ----------- in a quarter;
8 days in a quarter;
97
How long does the physical restraint of a student need to be to require approval from the principal?
more than 20 minutes.
98
What is the only type of restraint that is prohibited from being used on a student?
seclusion restraint is prohibited.
99
The principal of every school must arrange training for all staff on the physical restraint policy. When does that training HAVE to take place?
During the first month of each school year. (The Department of Elementary and Secondary Education (ESE) recommends at least 16 hours of training.)
100
What is the only police position that is mandated pertaining to Juveniles?
The SRO is the only position mandated by statute pertaining to juveniles.
101
Now that the SRO position is mandated in Massachusetts. What happens if the department has insufficient resources to staff the position?
The police chief is directed to consult with the State Police.
102
School Safety Requirements: This term is used when it is safer inside the building than outside?
Shelter-in-Place.
103
School Safety Requirements: This term is used to describe a program that greatly enhances a lockdown by empowering individuals to take common sense actions critical to their safety.
The Alert - Lockdown - Inform - Counter - Evacuate (ALICE)
104
True or False? Police assigned to schools can operate under the lesser reasonable suspicion standard just like school administrators and personnel.
False, the lesser "reasonable suspicion" standard only applies to school officials.
105
K-9 USE IN SCHOOLS: Is a K-9 sniff of a student locker or a stationary vehicle in the school parking lot considered a search under the fourth amendment or article 14?
No, not considered a search and can be done at anytime. (You don't need Reasonable Suspicion or Probable Cause) If the dog alerts to the locker or car the police will have probable cause to search either one without a warrant!
106
What is the minimum standard an officer would need to subject a student's person to a drug dog sniff?
Reasonable suspicion. (Many think it's probable cause, remember if you had probable cause you could search anyway)
107
Can a drug dog be directed to sniff students possessions?
Maybe, the court is still unclear. A policy suggesting a brief non-intrusive procedure may be coming.
108
Which of the following school officials have to abide by the fourth and fourteenth amendments, private school officials or public school officials?
public school officials . - Private school officials are not regulated by federal or state constitutions
109
When do school officials need a search warrant?
School officials never need a search warrant.
110
What is the standard that school officials need to satisfy in order to search for evidence of a crime or a violation of school rules?
Reasonable suspicion (not probable cause, remember the standards are relaxed for school officials compared to police)
111
Do students have an expectation of privacy in their lockers?
Yes. Unless their is a written policy detailing that the lockers can be inspected periodically for contraband which all students sign at the beginning of the year.
112
Can School administrators initiate a search for violations of school policy even though the students were initially detained by police officers?
Yes. (This is a difficult concept, the police can act as an agent of the school administrator to conduct a search safely but the school administrator can not act as an agent of the police) Comm. v. Carey)
113
What is the difference between the crime of stalking and criminal harassment?
(This has been tested frequently) The difference is that stalking involves a threat and is a felony. Criminal harassment is a misdemeanor no threat.
114
How long does a Harassment Prevention order last for:
Initial order lasts for up to one year.
115
A 209a order provides some protections that a harassment order does not: (2)
1. Allows the court to order that a defendant surrender his guns and licenses.2. The court may also order child support and temporary custody of children.
116
The crime of Hazing, what is your strongest action when charging this crime?
Complaint (many people believe this is arrestable - it's not unless it amounts to a breach of the peace in your presence!)
117
If you observe someone be hazed and don't report it, have you committed a crime?
Yes, punishable by a fine - but only if the witness can do so without danger to himself or others.
118
Is a BB gun considered a dangerous weapon and its possession arrestable if carried by someone with an LTC on a school campus?
Yes, CARRYING GUN OR WEAPON ON CAMPUS G.L. c. 269, section 10(j) Broad definition of firearm includes BB guns for this law regardless of being licensed or not. .
119
What is your strongest action for the crime of unauthorized access to a computer?
Complaint. Each log-in to another's account is considered a separate charge of unauthorized access.
120
Do school personnel have to report to the police that they discovered one of their students in possession of a dangerous weapon on school premises?
Yes, General law 71 section 31, School department personnel must report in writing to their immediate supervisor, any incident involving a student's possession or use of a dangerous weapon on school premises at any time. The supervisor is then responsible for reporting it to the police. (they also have to report a fire to the fire department)
121
Do CORI restrictions apply to students under the age of 18 when police share the information with school officials? Can they share the information?
No! CORI restrictions don't apply and Yes, they can share the information. Police may disclose arrest information about children under 18 in all cases, provided that their communication is made in good faith.
122
In order for a Juvenile Miranda waiver to be valid for a juvenile Age 13 and under there must be a/an----------- that takes place to discuss the warnings with an interested adult.
Actual opportunity. Age 13 and under Police should actively encourage consultation.
123
In order for a Juvenile Miranda waiver to be valid for a juvenile ages 14,15,16, and 17 there must be a/an -----------that takes place to discuss the warnings with an interested adult.
Meaningful opportunity. Age 14, 15, 16, and 17: Police should not encourage or discourage consultation.
124
Can a juvenile suspect ever waive his rights and his subsequent confession still be held as valid?
Yes, if the juvenile is at least 14 and the police can demonstrate that he or she is a highly sophisticated youth.
125
What is the age requirement to qualify as an interested adult for the purpose of Juvenile Miranda?
Interested adult must be at least 18 years old.
126
G.L. c. 233, section 20 prohibits minor children from testifying in criminal proceedings against natural or adoptive parents with whom they reside — when the victim lives inside or outside the home?
(Previous question see examples) When the victim lives outside the home. (ex. Father molests daughter and brother witnesses it, they all live together-brother will have to testify) Father molests neighbors kid and it is witnessed by fathers son, fathers son does not have to testify because neighbors kid is victim living outside the home)
127
Can a delinquent child between 14 and 18 and under arrest be handcuffed in the station?
Yes, They can be handcuffed to a stationary object, confined in a locked room, or cell.There is a six-hour time limit for secure detention which **starts** when the arrestee is handcuffed to a stationary object, confined in a locked room, or cell.
128
Juvenile detention requirements for delinquent child age 14, 15,16, or 17..(5)
1. held for Maximum of 6 hours.2. Held in DYS approved cell.3. Sight and sound separation from adult prisoners.4. Documented checks.5. Each juvenile detention must be logged in a lockup docket.
129
When does the 6 hour time limit start for a juvenile delinquent being held at the station in a locked room , cuffed to a rail, or cell?
(Previous question) they wanted to know when the 6 hour time started! The 6 hour time limit for secure detention starts when the arrestee is confined in a locked room or cell, or is cuffed to a stationary object. NOT WHEN ARRESTED.
130
What are the requirements to be considered a youthful offender. (3)
age 14,15,16, or 17 and has done one of the following:1. Committed a felony and has been previously committed to DYS; or2. Violated a designated firearms statute.3. Committed a felony involving the infliction or threat of serious bodily harm.
131
What does being classified as a youthful offender mean?
It means the juvenile can receive an adult sentence and sentenced to an adult jail once he turns 18 or be committed to DYS until the age of 21.
132
A juvenile under _____ can not be charged with a crime.
A juvenile under 12
133
If an officer seizes less than one ounce of marijuana from a juvenile, the officer may issue a non-criminal citation. The copies of the citation must be: (4)
1. Filed with the issuing police department2. Given to the juvenile offender and the parent/guardian3. Filed with the District court of issuing department4. Filed with city/town clerk
134
There are six ways in which school authorities communicate to the public what areas are off limits:(1) posted sign(2) school policy(3) verbal ejection(4) privacy precautions(5) no trespass notice and(6) court orderWhich is the most obvious form of notice?
Verbal Ejection is the most obvious
135
True or False:Any person under 21, who in good faith, seeks medical assistance for alcohol-related incapacitation will not face charges under Chapter 138 section 34 if the evidence for the charge of purchase or possession of the alcohol was gained as a result of seeking medical assistance.
True
136
Age 12 to 18 the preferred method to bring a juvenile is to court is:
A Summons
137
When police place a juvenile under arrest who must they notify?
One of the child's parents, guardians or custodian with DCFand after Court hours a Magistrate _only if OIC requests in writing for child to be held_No longer contact probation!
138
What is the officer's right to detain a juvenile arrested for a delinquent offense (not on a warrant) if that child is age 12 or 13 and it is outside of normal Court hours?
The child must be released to a parent, guardian or Custodian of DCF with a written promise to arrive at next Court date
139
A juvenile can not be held for more than _____ hours, when does the time limit for secure detention start?
6 hours## FootnoteThe 6-hour time limit for secure detention starts when the arrestee is confined in a locked room or cell or is cuffed to a stationary object.
140
Officers cannot charge or apply for a complaint involving a student for these three charges when they occur on school property or a school-related event?
1. Interrupt a lawful assembly 272.402. Disturbing the Peace 272.533. Disorderly Conduct 272.53Note: this only applies to students at their own school or school-related event! Non-students and adults over 18 are not exempt!
141
True of False?## FootnoteThe requirement that a sex offender provides 10 days notice before relocating is only limited to their primary residence, not secondary ones?
False## FootnoteIt applies to any intended change of residence, including secondary ones.**Remember:** A secondary residence is where a sex offender lives for a period of Not More Than 14 days in a calendar year, or resides for 4 or more days in a month.
142
Government entities must retain possession of evidence obtained as a result of a rape or sexual assault investigation for the length of the statute or -------- years, whichever is longer?
15 years
143
Hospitals must notify local law enforcement within how many hours of processing a sexual assault kit?
24 hours## Footnote(The police must take possession of that kit within 3 business days and submit it to the lab within 7 business days of taking possession.)
144
Once the crime lab receives a rape or sexual assault kit from the government entities how long do they have to test the kit?
Within 30 days of receipt
145
It is illegal to sell or give a tobacco product to a person under what age?
Under the age of 21
146
Officers must PC a child named in a CRA Protective Custody warrant (WPC) if they confirm with the juvenile court that the WPC is still active and can present the child to a juvenile court judge by 4:30 p.m.if unable,e to present the child to a judge by 4:30 p.m. that day officers have three options: (3)
1. Only PC the child if they have probable cause that the child is a runaway; if that is not the case2. Notify the parent or guardian about the WPC, have them sign a release form and bring the child to court on the next available date, or3. Wait until the next day to serve the WPC during court hours
147
Chapter 159 of the Acts of 2000 requires that the superintendent of each school district meet with fire and police chiefs to formulate a school "multi-hazard evacuation plan." By law, how many times per year must the evacuation plan be drilled?
At least 4 times per year
148
The court must hold a "permanency hearing" for any child in DCF custody every 12 months. DCF determines if the child will be: (5)
1. Returned to his parent.2. Placed for adoption.3. Referred for legal guardianship.4. Placed in permanent care with relatives.5. Placed in another permanent, planned living arrangement
149
According to M.G.L. Chapter 272 Section 7, Deriving Support from Earnings or "Pimping", how many times must a "pimp" consciously receive compensation in order to be guilty of this felonious offense?
1 incident or more
150
Parental privilege allows a parent to use force against his or her child without facing criminal liability as long as the force meets this criteria (3)
1. The force used against the minor child is reasonable2. The force is reasonably related to the purpose of safeguarding or promoting the welfare of the minor, including the prevention or punishment of the minor’s misconduct; and3. The force used neither causes, nor creates a substantial risk of causing, physical harm (beyond fleeting pain or minor, transient marks), gross degradation, or severe mental distress
151
True or False:In order for someone to be convicted of Enticement of a child under 16 for sex or violence the enticed crime actually needs to happen.
FalseA defendant's attempt to violate a sex offense with a child under 16 is sufficient, even if the defendant is not successfulComm v. Grant, 2020 WL 4432607
152
What are the 4 requirements under MGL 71.37 P(a) for SRO Officers under the new police reform?
1. The School Superintendent must request for an SRO at elementary or secondary public schools2. The appointment shall not be based solely on seniority3. If there are insufficient resources to assign an SRO the Police Chief must consult with the State Police4. The SRO must be certified by the Peace Officer Standards & Training (POST)
153
MGL 269.10 (j)Carrying a gun or weapon on campusThe Wynton Factors are used to determine if a weapon is a "*per se"* weapon to qualify to charge someone with this crime. What are the Wynton factors? (4)
1. The straightness of the blade2. The length3. Existence of a locking mechanism, serrated edge, or any other "offensive" feature4. The reason why the person possessed the particular item on school grounds
154
Who has exclusive authority over placement and programs for Youthful Offenders?
Department of Youth Services (DYS)
155
True or False:A child in a foster home or DCF custody is not abandoned by her parents who leave the country.
True
156
SRO's and other officers can review BWC footage to write reports and resolve citizen complaints. The SJC, in Comm V. Yusuf, 488 Mass. 379 (2021), recognized 3 main reasons for this ability to record. What are the three reasons?
1. Protect police from false allegations of misconduct2. It preserves a record of the police and citizen interaction3. It ensures police accountability
157
According to the LED JV Reference Manual, what is the most important tool for officers to explain how de-escalation succeeded or failed and/or why it was feasible to begin with?
The police officer's incident report
158
\_\_\_\_\_\_ is a voluntary process that links adult and juvenile offenders with victims and community members so that offenders understand the harm caused by their behavior and can make reparations.
Restorative Justice.
159
What are the 6 elements that would make the crime of Rape of a Child (265.22A) an aggravated offense?
1. The crime was committed during the attempted, or actual commission of burglary, home invasion, B+E, entering without breaking, kidnapping, robbery, ADW or ABDW, or creating child pornography.2. Rape resulted in substantial bodily injury.3. The victim was bound or gagged.4. The rape was committed after the defendant administered, or caused to be administered, alcohol or a controlled substance without the victim's consent.5. The rape was committed by a joint enterprise.6. The rape was committed in a manner in which the victim could contract an STD that the defendant knew or should have known about.
160
What factors would make the crime of Statutory Rape (265.23) an aggravated offense? (3)
1. There is **more than 5 year difference** between the defendant and the victim when the victim is **under 12 years old**.2. There is **more than a 10 year difference** between the defendant and the victim when the victim is **between 12 and under 16 years old.**3. At the time of intercourse the defendant is a mandated reporter **(age difference doesn't matter)**
161
This rule, as outlined in Comm v. King, 445 Mass. 217 (2005), allows one witness to testify about what the victim said concerning any sexual assault. This rule provides the jury with a complete account of how the accusation of sexual assault arose.There is no requirement of promptness.
First Complaint Rule
162
A K-9 sniff of a person for drug possession has been explicitily approved in Massachuesetts in 2022 in Comm. v. Judge. What should this K-9 sniff be based upon?
A reasonable suspicion| Although this case dealt with an adult drug dealer in a parking lot, it'
163
What is the appropriate charge(s)?An arrestee urinates or defecates on the police station floor?
c.266 § 126A - Defacement of real or personal propertyandc.272 § 53 - Disorderly Conduct
PD stuff
flashcards
Decks in class (4)
# Cards
