1
Q
Under the 4th Amendment, this test sets out two requirements to determine whether a person should be entitled to expect privacy.1. That a person has exhibited an actual (subjective) expectation of privacy;2. That the expectation be one that society is prepared to recognize as reasonable (subjective)
A
The Katz Test
2
Q
Under the 4th Amendment, The Court, in determining whether a defendant’s expectation of privacy is one which society could recognize as reasonable, will examine: (3)
A
- The place of the search2. The property searched3. The precautions taken by the defendant to maintain his privacy
3
Q
Specific and articulable facts upon which reasonable inferences can be drawn, that a person has committed, is committing, and is about to commit a crime, or is armed and dangerous
A
Reasonable suspicion
4
Q
Whenever police affect a seizure a 4th Amendment situation has taken place. The standard of reasonableness will depend on whether police are conducting: (6)
A
- Administrative investigation2. An emergency investigation concerning issues of public policy3. An investigative stop4. A stop and frisk5. An arrest6. Or whether they are conducting an evidentiary search vs. a frisk for dangerous objects
5
Q
Classifications of police intrusions and examples: (5)
A
- Administrative public safety investigations and procedures-such as roadblocks, police inventory procedures, seizures based on credible threats, school admin searches, and gun shop or liquor store inspections2. Community caretaking functions-Such as water leak in home3. Investigative stops, seizures, detentions- Terry stop as example4. Investigative frisks or cursory pat-down for weapon- reasonable belief they are unlawfully armed5. Arrests or evidentiary searches based on probable cause
6
Q
Police may not escalate a consensual encounter into a protective frisk absent:
A
A reasonable suspicion that an individual has committed, is committing, or is about to commit a criminal offense AND is armed and dangerous
7
Q
Hunch-4th Amendment action?
A
Encounter
8
Q
Mere Reasonableness- 4th Amendment encounter?
A
Administrative inspections
9
Q
Reasonable suspicion-4th Amendment Action?
A
Stop and frisk
10
Q
Probable Cause- 4th Amendment Action?
A
Arrest/Search
11
Q
Proof Beyond a Reasonable Doubt-4th Amendment Action?
A
Conviction
12
Q
In-fact Committed- 4th Amendment Action?
A
Citizen’s arrest
13
Q
A carefully limited search of the outer clothing of a person to discover weapons
A
Frisk or pat-friskYou need reasonable suspicion that the suspect is armed and dangerous
14
Q
True or False:Conducting a random license plate check on the cruiser MDT does not violate the 4th amendment and there is no reasonable expectation of privacy on a plate that is conspicuously displayed
A
True
15
Q
According to Federal Law and outlined in California vs. Hodari D., a seizure will occur when: (2)
A
- Physical application of force restraining the subject’s liberty; or2. Submission to the officer’s show of authority
16
Q
True or False:In Massachusetts, pursuit alone will trigger a seizure
A
FalseA person is seized when “an officer has, through words or conduct, objectively communicated that the officer would use his or her police power to coerce that person to stay.”
17
Q
True or False:Compliance to an order to “spit” is a seizure
A
True
18
Q
True or False:Driving the opposite way on a one-way street to speak to parties walking is a seizure
A
False
19
Q
True or False:Holding on to someone’s ID while doing a warrant check amounts to a seizure
A
True
20
Q
True or False:Under Federal law, police may automatically frisk anyone in company of a suspect being placed under arrest
A
True
21
Q
In Massachusetts, what is the standard needed to frisk a companion of a suspect being placed under arrest?
A
It is only constitutionally permissible when the officer can point to specific, articulable facts that the particular person might be armed and a potential threat to the safety of the officer or other people present
22
Q
Defendants can challenge police stops for selective enforcement for traffic laws based on race. They can challenge stops by: (2)
A
- Statistical means; or2. The totality of the circumstances surrounding the stop itself establishing a “reasonable inference” that the stop was discriminatory based on race
23
Q
The requirement that a defendant establish a reasonable inference that a traffic stop was motivated by racial bias means simply that: (5)
A
- The defendant must produce evidence;2. Upon which a reasonable person would rely;3. To infer that the officer discriminated;4. On the basis of the defendant’s race; or5. Membership in a protected classconclusive evidence is not need
24
Q
Race-Based Pretextual stopThe defendant should raise a reasonable inference of racial profiling through a motion to suppress. The motion must point to specific facts about the stop that support such an inference. These facts may be based on: (4)
A
- The defendant’s personal knowledge2. The defendant’s own investigation3. Evidence obtained during discovery; and4. Other relevant sources
25
Race-Based StopsThe SJC stated that "when examining the totality of the circumstances, judges should consider factors such as": (6)
1. Patterns in enforcement actions by the particular officer2. The regular duties of the officer involved in the stop3. The sequence of events prior to the stop4. The manner of the stop5. The safety interests in enforcing the motor vehicle violation6. The specific police department's policies and procedures regarding traffic stops
26
True or False:According to MGL 278.7, any failure to produce a license to carry a firearm upon demand of an officer will establish probable cause that the person in question is in unlawful possession of a firearm under 269.10.
True
27
Where police receive information from an anonymous tipster, the reliability of "reasonable suspicion" in Massachusetts will be evaluated based on: (2)
1. The informant's reliability (veracity)2. The informant's basis of knowledge
28
True or False:A police dispatcher can help validate a seizure through the collective knowledge doctrine when they receive and communicate facts to an officer conducting a seizure.
True
29
Whenever police conduct an investigative detention of an individual or of an automobile, the force that is used to effect the stop by the police must be commensurate (or equal to) the purpose of the stop. This is called:
Principle of proportionality
30
There is no set time for an investigative detention. In deciding a possible duration of a Terry investigative detention the Court will to at the following issues:(3)
1. The dilligence with which the police pursue the investigation2. Does the police investigative detention confirm or dispel their suspicions; and3. To what extent the suspect's actions contribute to any unnecessary delay
31
Under the Plain View doctrine, police may seize objects in plain view where 4 requirements are met. They are:
1. The officer is lawfully in a position to view the object2. The officer has a lawful right to access the object3. With respect to contraband, weapons,or other illegally possessed items, where the incriminating character is immediately apparent, or other evidence that is plausibly related to criminal activity that police are already aware of; and4. The officer comes across the object inadvertently
32
True or False:Under Federal Law, and Horton v California, whenever police are acting under a search warrant, the plain view doctrine does not require inadvertence.
TrueIn Massachusetts, inadvertence is required (this means police lacked probable cause to believe, prior to the search, that specific items would be discovered during the search).
33
In Massachusetts, and outlined in Comm v. Yusef, SJC-12989 (2021), when is wearing a body camera in a private dwelling not considered a search?
When police are lawfully present and when the camera only captures images in plain view and the officer traveled inside the home in a manner consistent with their lawful presence*any further investigatory review of the footage would be a search in the constitutional sense
34
In what scenarios would the "inadvertence" requirement of the plain view doctrine not be required? (3)
1. Contraband2. Stolen property3. Articles dangerous in themselves
35
Some examples of single-purpose containers that are transparent and would fall under the exception of the plain view doctrine: (5)
1. Burglary tool kits and gun cases2. Tied balloons used in drug trade3. Cocaine bundle4. Translucent tupperware container5. Gas canisters
36
This rule states that police lawfully on the premises pursuant to a valid search warrant could lawfully seize contraband, fruits, or instrumentalities of the crime under the plain view doctrine.
The Bond Rule
37
Evidence not described in a valid search warrant but inadvertently discovered and having a nexus with the crime under investigation may be seized as the same time as the material described in the warrant. This is called mere evidence. The two-prong test in the case of "mere evidence" is:
1. Whether the officers recognize it to be plausibly related as proof of criminal activity of which they are already aware; and2. Whether the evidence sought will aid in a particular apprehension or conviction
38
Elements of Arrest in Massachusetts: (3)
1. Officer's intention and purpose to take the person into custody and deprive him or her of freedom under lawful authority2. Communication to and knowledge by the person of the police officer's purpose3. Physical seizure of the person by the arresting officer or submission to his authority and control
39
Under Federal Law, once arrested, the defendant should be brought to Court without unreasonable delay. There must be a judicial determination of probable cause within 48 hours of a warrantless arrest. This is called:
McLaughlin's 48-hour Federal Rule
40
In Massachusetts, the SJC held that whenever police effect a warrantless arrest of a person, it must be followed by judicial determination of probable cause within 24 hours of arrest. This is called:
Jenkins 24-hour rule
41
If the arresting officer, at the time of arrest, has reasonably trustworthy information that is sufficient for a person of ordinary or reasonable prudence and caution to believe that the person being arrested is committing or has committed the crime for which the arrest is made. This is :
Probable cause
42
True or False:A Supervisor can order a subordinate to effect the arrest of a person as long as there is a legal right to arrest and probable cause exists.
True
43
Hearsay may be used to establish probable cause to arrest. There are 4 categories of hearsay:
1. Hearsay statement from a named and identified citizen-witness (or a readily identifiable witness whether named or not)2. Hearsay statement from a known victim3. Other police officers or police departments4. Informants (paid or not)
44
True of False:An oral declaration of the facts to the clerk magistrate is permissible to obtain an arrest warrant
True
45
True or False:Arrest warrants may be served by Constables, Sheriffs, and Deputy Sheriffs.
TrueConstables (41.94), Sheriffs and Deputies (37.11)Court and Probation officers may serve warrants issued by their own court
46
According to MGL 276.24, Service of Summons, a summons must be either mailed to the defendant's last known address or served in hand not less than _____ before the return date.
24 hours
47
True or False:Clerk Hearings are not open to the public
True
48
How long can Massachusetts law enforcement officials hold a person under civil immigration detainer issued by Federal immigration officers?
This is not allowed in Massachusetts
49
In order for a town-by-law to take effect, it must be approved by:
The State Attorney General
50
The following are usually regarded as breaches of peace when committed in an officer's presence: (10)
1. Any assault2. Riot3. OUI4. Negligent operation5. Operating a moped recklessly or OUI6. Affray7. Any disturbance8. Any assault and battery9. Reckless operation10. Resisting arrest (268.32B)
51
A person is guilty of disorderly conduct in Massachusetts if, with purpose to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk and engages in (4)
1. Fighting; or2. Threatening; or3. Violent or tumultuous behavior4. Creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor
52
This is the name of the two prong test applied to disruptive conduct. It states proscribes activities that most people would find to be reasonably disruptive and did in fact infringe someone's right to be undisturbed
Two-Pronged Orlando Test
53
In Commonwealth v. Canty (2006), the court held that in order to support a conviction for disturbing the peace, the Commonwealth must prove 3 things beyond a reasonable doubt:
1. The defendant engaged in conduct which most people would find unreasonably disruptive, such as offensive conduct2. That the defendant's actions were done intentionally, and not by accident or mistake3. That the defendant did in fact annoy or disturb at least one person* Complainant not required to arrest for disturbing the peace
54
Affecting arrest on private property:3 situations when an officer can effect a warrantless nonconsensual entry to suppress a breach of peace: (3)
1. 41.98 A police officer is authorized to effect entry to quell a breach of peace2. When a constable, without a warrant, to enter a house, with a door that is unfastened in which there is a noise amounting to a breach of peace and arrest any person engaged in an affray or committing an assault3. Officers can enter a dwelling, the door of which is open, and arrest without a warrant a person who is intoxicated and committing a breach of peace inside the home
55
True or False:The "In fact committed" standard for private citizen felony arrests only applies to citizens and not a police officer from another Massachusetts jurisdiction.
TruePolice officers from one jurisdiction to another only need probable cause to effect a felony arrest outside their jurisdiction
56
Fresh and continued pursuit under 41.98A simply means:
To followAn officer must have reason to believe that the suspect has committed an arrestable offense in order to pursue and arrest someone in another jurisdiction under 41.98A
57
As outlined in Comm v. Twombly, there are 4 situations when police can request aid under 37.13:
1. In the execution of their office in a criminal case2. In the preservation of peace3. In the apprehending or securing of a person for breach of peace4. In cases of escape or rescue of persons arrested upon civil process
58
When must a person be advised of their right to a telephone call when arrested and how soon must they get that phone call?
Informed forthwith upon their arrival and permitted to use within one hour thereafter
59
This rule states that when police lack exigency or consent they will need an arrest warrant to arrest someone from their own domicile.
The Payton Rule
60
What is the standard required in Massachusetts in order to execute a valid arrest warrant?
1. A reasonable belief that the location to be searched is the arrestee's residence; and2. A reasonable belief that the arrestee is in his residence at the time the arrest warrant is executed
61
True or False:A defendant, with an active arrest warrant, has no standing to challenge any incriminating found in his direct or constructive possession, if he is located inside a third-party dwelling and police enter that dwelling without a search warrant
True
62
In Massachusetts, exigent circumstances may permit a nonconsensual warrantless entry into a private dwelling by police. The police must consider factors (known as the Forde Factors) in determining whether exigent circumstances exist. What are they? (7)
1. The crime was one of violence or the suspect had been reported to be armed and dangerous (most significant!)2. Unmistakeable manifestation of probable cause to arrest3. Strong reason to believe that the suspect is in the building4. Likelihood that a delay would facilitate the destruction of evidence or property5. Likelihood that the suspect would escape if not apprehended6. Whether the entry is peaceable and whether the entry is in the nighttime7. Reasonable basis for believing that the delay would subject the police officers or others to physical harm
63
Exigent circumstances and entries:The independent source doctrine to the exclusionary rule applies when officers obtain evidence from a source that is separate and apart from unlawful police conduct. If the exception applies, the evidence will not be suppressed. To do so, the Commonwealth must make two showings:
1. The officer's decision to seek the search warrant was not prompted by what they observed during the initial illegal entry, and2. The affidavit supporting the search warrant application contained sufficient information to establish probable cause, "apart from" any observations made during earlier illegal entry
64
Emergency Aid ExceptionPolice can enter a dwelling without a warrant if they have reasonable basis to believe: (2)
1. Someone inside is injured; or2. Someone is in imminent danger of physical harm
65
True or False:The emergency aid exception to the warrant requirement covers animals
True
66
In Massachusetts, the automatic standing rule has been removed from law requirements. Now, a defendant must show a _____________ in the place searched to contest a search or seizure.
A reasonable expectation of privacy
67
In determining whether a defendant's expectation of privacy is one which society could recognize as reasonable, the Court will examine: (3)
1. The place of the search2. The property searched3. The precautions taken by the defendant to maintain his privacy
68
This theory states:While each individual piece of information collected may not amount to a search, the cumulative, aggregate nature of the data collected may.
The Mosaic Theory
69
Affidavit to support nexus to crimeBefore police may search/seize items as evidence they must have a "substantial basis for concluding that" the item searched or seized contains evidence connected to tge crime under investigation. The affidavit must provide a substantial basis for the belief that there is :(4)
1. Timely nexus between; 2. Criminal activity3. A particular person or place to be searched; and4. A particular item to be seized from that place or person
70
True or false:When officers are applying for a search warrant for a cell phone search, they must identify the file types to be searched on the phone even if the location of evidence is unknown
FalseComm v. Henley, 488 Mass. 95, 171 N.E.3d 1085 (2021)
71
There are 2 rules implemented by the SJC related to tower dump search warrants:
1. Search warrants for tower dumps must be signed by a Judge2. Search warrants must include protocols for disposal of unrelated information
72
According to the CPL Crim Pro manual, there are 4 distinguishing factors between ALPR's (automatic license plate readers) and police officer's visual observations. What are they?
1. The policy of retaining information for, at a minimum, one year2. The ability to record the license plate number of nearly every passing vehicle;3. The continuous, twenty-four hour nature of the surveillance;4. The fact that the recorded license plate number is linked to the location of the observation
73
4 Factors considered by the Court in ascertaining the voluntariness of the consent given to police:
1. Whether or not the defendant was told that he or she could refuse to consent2. Whether the defendant was in custody at the time3. Whether the consent was obtained by threats or fraud4. The maturity and intelligence of the defendant
74
Who can not issue search warrants? Why not?
Superior Court clerksBecause of their elected status
75
According to MGL Chapter 276 Section 2A, when must a search warrant be executed?
Within a reasonable time after issuance, but not more than 7 days or it will be invalid.The 7-day period starts the day after issuance
76
The following are examples where police have used civilians for assistance in executing a search warrant: (3)
1. To assist in determining the location or identity of the items to be seized2. To identify stolen property3. To assist in a case involving computer software programs
77
In Comm v. Desper (1994), the SJC outlined that a controlled buy, at a minimum, have these 4 components:
1. A police officer meets the informant at a location other than the location where it is suspected that criminal activity is occurring2. The officer searches the informant to ensure the informant has no drugs on his person and usually furnishes the informant with money to purchase drugs3. The officer escorts or follows the informant to the premises where it is alleged illegal activity is occurring and watches the informant enter and leave those premises;4. The informant turns over to the officer the substance the informant has purchased from the residence of the premises under surveillance
78
The knock and announce rule serves the vital purposes of: (3)
1. Decreasing the potential for violence2. Protecting privacy interests; and3. Preventing unnecessary damage to homes
79
4 exceptions to the knock and announce rule
1. Where the police officers have reasonable cause to fear their safety, or safety of others in the dwelling;2. By announcing their presence and purpose would facilitate the suspect's escape or the destruction of evidence;3. Where the person inside the dwelling to be entered has knowledge of the officer's purpose and presence;4. Consensual entries
80
No-knock warrantsA "no-knock" warrant shall be issued by a Judge and only if the affidavit supporting the request for the warrant states :(2)
1. Establishes PC that if the law enforcement officer announces their presence their life or lives of others will be endangered; and2. Includes an attestation that the law enforcement officer filing the affidavit has no reason to believe that minor children or adults over 65 are in the home, unless there is a credible risk of imminent haem to those minors or those over 65 in the home
81
CurtilageThe 4th Amendment's protection extends to the physical areas immediately surrounding a dwelling house, known as curtilage. In US vs. Dunn, the Court outlined 4 factors to determine if an area is curtilage:
1. The proximity of the area to the home2. Whether the area is within an enclosure surrounding the home3. The nature and uses to which the area is put, and4. Steps taken by the resident to protect the area from observation by passerby
82
Nighttime defined for search warrants
10pm to 6am
83
What is the purpose of an administrative inspection?
To ensure that the business is complying with the various statutes in place regarding the sale and record keeping of their products in commerce
84
Types of businesses regulated and subject to administrative inspections: (6)
1. Pharmacies2. Liquor stores3. Used car dealerships4. Used motor vehicle parts dealer5. Gun shops6. Pawn shops
85
These factors, known as the Clifford factors, are to be used to analyze the constitutionality of warrantless and nonconsensual entries onto fire-damaged premises: (3)
1. Whethere there are legitimate interests in the fire-damaged property that are protected by the 4th Amendment2. Whether there are exigent circumstances that justify the governmental intrusion regardless of any reasonable expectation of privacy; and3. Whether the object of the search is to determine the cause of the fire or to gather evidence of criminal activity
86
276.1:A search conducted incident to an arrest may be made only for the purpose of :
Seizing fruits, instrumentalities, contraband, and other evidence of the crime for which the arrest has been made, in order to prevent its destruction or concealment, and removing any weapons that the arrestee might use to resist arrest or effect his escape
87
What is the name of this search?The SJC stated that police are entitled to a bright line rule that permits them, even in the absence of exigent circumstances, to search a container carried by a person whom they lawfully arrest on probable cause, or otherwise, where there is also probable cause to believe that the container holds evidence of the crime for which the arrest was made
The Madera Search
88
This type of search occurs when "the last layer of clothing a detainee is removed" or when a detainee remains partially clothed, but.. a last layer of clothing is moved in a manner whereby an intimate area of the detainee is viewed, exposed, or displayed
Strip searchProbable cause required
89
In Comm v. Sullo (1989) the Court defined 3 "canons" that police must adhere to before an inventory booking-type search will be be valid:
1. The search must follow a standard or routine procedure adopted and recognized by the police force2. It may not extend beyond the custodial necessities which are its sole justification3. It may not become a cover or pretext for an investigative search
90
What do police need to conduct a protective sweep?
A reasonable belief, based on specific and articulable facts that the area to be swept harbors a person posing a danger to those at the scene
PD stuff
flashcards
Decks in class (4)
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