8. Arrest Jurisdiction And Execution.

Question 1

Can State College or university police officers make arrest for any crime committed on property owned or used by their institution?

Answer 1

Yes, this includes public ways that connect to campus facilities. This enables all SSPO’s to enforce vehicle crimes like operating to endanger or OUI.

Public college and university officers may issue citations for vehicle infractions, but those employed by private institutions may not. Sorry, Brandise.

Their authority may also extend to area surrounding their campus, when dealing with an incident involving one of their students, staff, or other people connected with their institution .

Question 2

Can a deputy sheriff exercise law enforcement authority?

Answer 2

Yes, within their county, and if certified by Post

Question 3

May a campus police officer execute an arrest warrant, off-campus?

Answer 3

They may not execute an arrest warrant off-campus, unless it is connected to a crime on campus, or involves a member of the campus community

Question 4

What is an important benefit of an arrest warrant?

Answer 4

It may be served anywhere in the Commonwealth. Arrest is authorized if probable cause exists that a warrant is in effect and does a suspect being detained is the wanted person.

Question 5

May local officers go outside their jurisdiction?

Answer 5

They may go outside to investigate as long as they do not detain search or arrest a suspect.

Question 6

What is a citizens arrest authority for officers?

Answer 6

Any citizen has the legal authority anywhere in the Commonwealth to arrest a felon who might otherwise escape the same rule applies to police police officers (example, Methuen officer, watch the heroin sale occur just over town line and LAWRENCE because it was for a felony. He had jurisdiction to make a citizens arrest in Lawrence).

Question 7

A Massachusetts police officer must have this for somebody who has committed a felony and continues into a border state in order to make an arrest

Answer 7

A Massachusetts police officer must be in “fresh pursuit” to make an arrest in a border state for a felony

Question 8

What is the best way to avoid challenges to police jurisdiction between municipalities?

Answer 8

A mutual aid agreement

Office have a rest Powers
Municipalities and neighboring states eligible
This is essential for small municipalities

Present agreement in court and method of activation

Question 9

For officers to stop an offender for an arrestable offense committed in their presence within their jurisdiction, they may engage in:

Answer 9

“Fresh and continuous pursuit”

Question 10

What is the requisition of officers mean?

Answer 10

No written agreement necessary (unlike mutual aid) This authority is granted to the OIC in each community

Question 11

What is transferred authority?

Answer 11

Transferred authority applies to a breach of the peace. A breach of the peace could be stopping a vehicle for OUI.

Transferred authority is also allowed for civil infractions that threaten public safety, such as stopping in an erratic vehicle.

An officer outside his jurisdiction, who is involved in an accident may to detain the driver pending the arrival of local police.

Question 12

If de-escalation fails, or is not feasible officers, may use this in order to affect a lawful arrest

Answer 12

Reasonable force

Unless police use excessive force, a citizen may not forcibly resist even an unlawful entry into his home for an unlawful arrest by police

Question 13

A warrantless arrest is authorized in public, even if there’s time for this

Answer 13

To obtain a warrant

Question 14

What is needed to arrest in a private home? (3)

Answer 14

Warrant
Consent
Exigent circumstances

Question 15

Residence have a high expectation of privacy in their homes. This is why Police must have this in order to enter and arrest them there:

Answer 15

They must have a warrant, consent, or exigent circumstances. The entire curtilage is covered by this rule.(ex Defendants at rest occurs in an enclosed yard warrant needed in this area)

Question 16

Does the warrant, consent, or exigent circumstances for entry into a home to make arrest apply to visitors?

Answer 16

A visitor is not entitled to this same protection, but the rule does covers overnight guests.

Question 17

For the situation of an overnight guest does Massachusetts recognize out of state warrants?

Answer 17

No, Massachusetts officers should never rely on an out-of-state warrant for someone in a home as a guest. They should obtain a Massachusetts fugitive warrant.

Another possibility would be to wait until the fugitive leaves the dwelling and arrest them without a warrant pursuant to chapter 276, section 20 B

Question 18

Is a suspect in public just because he opens the door?

Answer 18

No. They need to come out entirely of the apartment or home beyond the doorway for this to be a legitimate public arrest.

Question 19

Does a suspect consent to entry just because he opens the door?

Answer 19

No, the court ruled valid consent requires that an occupant clearly invite officers in to enter.

Question 20

What is the best practice for arresting somebody in their home?

Answer 20

Get a warrant

Question 21

Do officers need to knock and announce their presence and purpose prior to entering a home?

Answer 21

Yes, officers must knock and announce.

Two exceptions : engaging in a trick that causes someone to voluntarily open the door, or when the situation requires an officers, dispense with a knocked announce rule because they fear violence.

Question 22

In addition to executing an arrest warrant police also must need this, that the suspect is present inside the home (level of information):

Answer 22

Reasonable suspicion that the defendant is present

Question 23

If I arrest somebody outside, does does that automatically allow me to enter a home?

Answer 23

No

Question 24

If a suspect is hiding in another person’s home, what do I need?

Answer 24

They must have an arrest warrant for the person, hiding and a search warrant, consent, or exigent circumstances to justify entering the home of the third-party to get him.

Question 25

Can an overnight guest that the police sought a valid arrest warrant for challenge the validity of the search warrant when he was arrested in a third-party‘s home?

Answer 25

No, this is because the search warrant protects the owners privacy, not the fugitives.

Question 26

What are two exceptions to the warrant requirements?

Answer 26

Consent, this must be voluntary.

Exigent circumstances call for immediate police entry .

Question 27

Statutory right of arrest

Answer 27

Warrantless arrest is authorized by 276, section 28 for certain domestic violence crimes:

Violation of a protective order anywhere in Massachusetts

Domestic assault & battery anywhere in Massachusetts even without a protective order in effect officers may arrest a suspect in their jurisdiction who is committed in assault and battery against a family or household member in any Massachusetts community