Con Law

Question 1

Probable cause to arrest must exist from the moment the arrest is made, therefore, an officer must make an arrest as soon as possible.

Answer 1

False

Question 2

what would most likely support probable cause to arrest?

Answer 2

Where a person confesses to having committed the crime.

Question 3

What is a true statement regarding probable cause?

Answer 3

While hearsay may not be admitted at trial, it can be used to establish probable cause.

Question 4

If a person wanted in an arrest warrant is visiting a friends home, police may enter and arrest him by all of the following methods except

Answer 4

Search warrant with a reasonable belief that the person is inside.

Question 5

Which of the following is not abandoned property?

Answer 5

Property accidentally left on a subway train.

Question 6

When does a search warrant expire or become stale?

Answer 6

7 days.

Question 7

The police go into a persons home to arrest him on a warrant. If he does not answer the door, may they enter to make an arrest?

Answer 7

Yes, as long as they have a reasonable belief the person is inside.

Question 8

May a police officer consider his personal knowledge of the reputation for drug dealing to help support the probable cause needed to make an arrest

Answer 8

Yes- even though it is not sufficient enough by itself.

Question 9

information that a person is carrying a firearm

Answer 9

By itself does not give rise to reasonable suspicion justifying a stop

Question 10

An officer who stops a motorist who he believed to be lost and discovered that the operator instead was very intoxicated would be able to justify his stop based on the public safety exception

Answer 10

False

Question 11

While a defendant was being placed into an ambulance, a handgun unlawfully possessed fell from his pocket and was picked up by the EMT who handed it to the officer. Which of the following statements is true?

Answer 11

Even if the police officer had picked up the gun, it would still be admissible.

Question 12

Officers found they were able to corroborate an informants statement of what would happen in the future. Would such corroboration be sufficient to make up for weakness in either prong of the aguilar-spinelli test?

Answer 12

Yes- corroboration of future behavior will help establish the reliability of the informant .

Question 13

Written Miranda warnings must be given to all arrested persons accused of a felony before police can begin questioning at the police station

Answer 13

False

Question 14

All of the following are true regarding the 6th amendment right to counsel except for

Answer 14

The police may not question the suspect in regards to any offenses.

Question 15

All of the following are true regarding the 5th amendment right to counsel except for

Answer 15

If a person invokes his right to remain silent, the police may only attempt to question him again if his attorney is present.

Question 16

The apparent mobility of a motor vehicle parked in a public place is sufficient exigency to justify a warrantless search by the police if they also have probable cause to believe the vehicle contains contraband

Answer 16

True

Question 17

In Massachusetts which of the following would constitute a seizure (individual not free to leave)

Answer 17

Tone of voice, several officers standing around the suspect, display of a firearm by the officer.

Question 18

If after being arrested, a person invokes his right to remain silent, when can police attempt to question him

Answer 18

If the police stop any attempt at questioning and wait an appropriate period of time before trying again.

Question 19

While conducting a search of private premises for stolen property pursuant to a warrant, an officer observes narcotics in plain view. Which of the following actions is appropriate

Answer 19

Seize the drugs under the plain view doctrine.

Question 20

Any officer on fresh and continued pursuit may cross state lines only for a felony or for a misdemeanor originally committed in his jurisdiction for which he observed and has arrest powers for

Answer 20

False.

Question 21

The police pursue an armed robbery suspect into a store. When they finally arrest him, they do not see the firearm, police ask “where is the gun” without advising him of his Miranda Warnings. Will his response that the gun is hidden in the bread aisle be admissible in court?

Answer 21

Yes, because it was a public safety emergency and they could not afford to take the time to advise him of his Miranda Warnings.

Question 22

In order for consent to be deemed voluntary, the police must abide by due process and inform the person he has the right to refuse to give consent.

Answer 22

False.

Question 23

Which of the following mistakes in a search warrant will make it invalid and prompt the suppression of evidence

Answer 23

Police fail to execute the warrant within 7 days.

Question 24

A named citizen witness tells you that the man on the corner has a handgun concealed under his jacket and that she saw it when he paid for his paper at the newsstand. which of the following can you do?

Answer 24

Demand that he exhibit his LTC and if he refuses to do so, conduct a pat frisk and seize the firearm.

Question 25

In regards to the automobile exception to the warrant requirement, which of the following is true

Answer 25

You can tow the vehicle back to the station and search it there as long as you do not delay.

Question 26

You receive a report from a named citizen witness that he observes what appeared to be a sawed-off shotgun in a vehicle as it drove by. He describes the vehicle. A short time later you observe the vehicle driving towards you, what can you do?

Answer 26

You can make an immediate stop of the vehicle because the report of one in a vehicle gives you reasonable suspicion that it is unlawfully possessed.

Question 27

During a motor vehicle stop, the operator is unable to find his registration. which of the following courses of action will you be able to take?

Answer 27

Because inability to produce a license or registration gives you reasonable suspicion of other offenses such as, automobile theft, you will be able to take heightened precautions for your safety.

Question 28

A citizen witness informs you that the woman across the street has a handgun in her purse. you observe this female standing on the corner swearing at vehicles as they drive by. What course of action can you take?

Answer 28

Because of her erratic behavior constitutes a risk to public safety, you can pat frisk the bag to determine if she has a firearm under the standard of reasonableness.

Question 29

Which of the following is NOT allowed during a lawful stop?

Answer 29

Searching the knapsack if you have reasonable suspicion that it contains contraband.

Question 30

The 14th amendment provides

Answer 30

No state may deprive a person of life, liberty or property without due process of law.

Question 31

Police officers have to give Miranda Warnings every time they ask incriminating questions

Answer 31

False

Question 32

A person cannot have a reasonable expectation of privacy in which of the following

Answer 32

A marijuana plant growing on his front porch next to his mailbox.

Question 33

Police have probable cause to arrest a man for a felony. They fo to his home an observe him standing in the threshold of his doorway. When they get within 20 feet of him, he runs back inside. What options do the police have

Answer 33

Freeze the scene and obtain an arrest warrant- unless they can get consent or have exigent circumstances.

Question 34

You are attending court in the neighboring town, outside of the jurisdiction that appointed you. As you leave the court, you see a person that you believe has committed a serious crime in your town. What course of action can you take

Answer 34

You can make a citizens arrest of that person as long as you have probable cause to believe that he has committed the felony.

Question 35

Which of the following statements regarding search incident to arrest (C276 s1) is true

Answer 35

You may make a search incident to arrest for evidence of the crime for which the arrest was made to prevent

Question 36

Which of the following, if any, can be used to support probable cause

Answer 36

Personal observations, First hand knowledge, reliable information from others

Question 37

Your dispatcher receives an anonymous phone call that there is an intoxicated female in front of a package store and she is getting into a blue toyota with MA reg 113SAC. The caller also states that there are two small children in the vehicle. As you drive toward the location, you observe the vehicle and you pull it over without waiting for a traffic violation. The female is very intoxicated and you arrest her for OUI. Which of the following is true

Answer 37

The stop is justified under the standard of reasonableness which allows police to make stops on the basis of public safety considerations.

Question 38

A police officer in Boylston who observes an individual run upon seeing the officer approach might be justified stopping the person if the observation took place in a high crime area because it could amount to reasonable suspicion that the person has, is or is about to commit a crime.

Answer 38

True

Question 39

Two officers observe a car drive by with two male occupants. The two officers follow the vehicle for one mile when one officer observes a broken taillight. After they stop the vehicle they observe drugs in plain view and arrest both persons. which of the following statements is true

Answer 39

The traffic stop is justified and all evidence is admissible under the plain view doctrine.

Question 40

After stopping a vehicle for speeding, the officer observes the front seat passenger bend down out of sight briefly. When the officer does a pat frisk, he feels a hard object in the groin area of the passenger and removes a tightly wrapped clear plastic bag that contains 30g of cocaine. The passenger tells you that the operator knew he had the drugs on his person and was in fact present when he purchased the drugs. You now have probable cause to search the entire vehicle for more drugs under the automobile exception to the warrant requirement.

Answer 40

False

Question 41

You stop a motor vehicle for speeding and later find out that the vehicle is unregistered and uninsured. You call a tow truck and the vehicle owner asks if he can pay the tow truck driver to tow the vehicle to his residence. You say it is OK but then do an inventory search over his objection and find drugs in the trunk. Which of the following statements is true.

Answer 41

As long as the officer if following standard operating procedures in regards to inventory searches all evidence is admissible.

Question 42

During a routine motor vehicle stop, once the operator produces a valid license and registration and there is no suspicious conduct, any exit order at that point would not be justified.

Answer 42

True

Question 43

During a stop of a suspected intoxicated driver, if you ask the operator to recite the alphabet as part of your field sobriety tests, you will have to give the driver his Miranda Warnings because his responses are testimonial evidence and because you stopped him, he is in custody.

Answer 43

False.

Question 44

While in foot patrol, you observe through a large window 3 large marijuana plants inside of a dwelling. Because you are lawfully present outside the dwelling, you will be able to make a warrantless entry and seize the plants under the plain view doctrine.

Answer 44

False.

Question 45

Regarding consent, all of the following statements are true except for

Answer 45

If a person withdraws consent once granted, that would give police probable cause to search

Question 46

Even if police officers, without consent or exigency, enter a 3rd party residence without a search warrant to arrest person on an arrest warrant, any evidence found on the arrested person will still be admissible.

Answer 46

True

Question 47

A police officer from Fitchburg observes a vehicle speeding and stops him just over the line in Leominster. After he approaches the car, he determines that the operator is extremely intoxicated. Because he witnessed the speeding violation in his jurisdiction, he can still arrest the person for OUI.

Answer 47

False.

Question 48

An undisclosed person who confidentially volunteers information to a police officer is called

Answer 48

An informant

Question 49

Although normally you need either a warrant, consent or exigent circumstances to enter a dwelling, the courts in Massachusetts recognize an exception for "felony 1st degree murder" cases

Answer 49

False

Question 50

Any offense that is committed in the officers presence would allow him to engage in fresh and continued pursuit outside of his jurisdiction.

Answer 50

False