Exam 3 Flashcards

1
Q

Are seizures that initiate criminal prosecution

A

Arrests

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2
Q

Command police to take into custody, and bring before the court, the person named in the warrant

A

Arrest with a warrant

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3
Q

Must have actual knowledge that a warrant is outstanding must check __________ prior to arrest

A

Immediately

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4
Q

Is needed to arrest a person based on a warrant from foreign states and jurisdiction

A

Fugitive warrant

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5
Q

To classify of an arrest
ICC

A

Intent
Communication
Control

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6
Q

Police officers can make warrantless arrests if they have __ in specific circumstances

A

Probable cause

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7
Q

Probable cause hearing within 24 hours

A

Jenkins hearing

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8
Q

3 types of Lawful arrest
PAJ

A

Probable cause
Arrestable offense
Jurisdiction

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9
Q

Where do BPD have police powers? And how many yards into the city?

A

Brookline and Newton
500 yards

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10
Q

Suspects are allowed to use the telephone within _ hour of their arrival to the station

Does the suspect have expectations of privacy?

A

1 hour
No / What they say is admissible in court

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11
Q

5 Reliable sources for police

A

Known victims
Known witness
Other police officers
Declaration against penal interest
Good track record

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12
Q

Physical invasions or intrusion of privacy by police on police, homes, or personal property to obtain information or gather evidence.

A

Searches

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13
Q

6 Warrantless searches
CAB PIE

A

Consent
Abandonment
Booking Search
Plain view
Incident to lawful arrest
Exigent circumstances

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14
Q

Consent when provided willingly and without coercion, duress, threats, intimidation.

A

Voluntary

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15
Q

Consent
VIK

A

Voluntary
Intelligent
Knowingly

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16
Q

For consent to be valid, it must be ________ and __________.

A

Voluntary and clearly communicated

17
Q

Plain View
LIS

A

Lawful presence
Inadvertance
Seizable evidence

18
Q

Police can enter a home without a warrant, if they have a reasonable basis that someone is injured or imminent danger of physical harm.

A

Emergency Aid

19
Q

Search incident to lawful arrest (c. 276 s 1) - looking for

A

Weapons
Need of escape
Evidence of the crime being arrested for

20
Q

Purpose for inventory

A
  • Safeguards owners property
  • Protect police from accusations of theft
  • Protect the place of detention from dangerous items
21
Q

Commonwealth police can only make an arrest of a fugitive with an NCIC Warrant after conforming the out of state agency will ________.
What do you charge if so?

A

Extradite
Fugitive from justice

22
Q

Aguilar Spinelli, Two Prong Test

A

Veracity (person has to be identifiable, person can’t remain unanimous)
Basis of knowledge

23
Q

Consent has to be

Consent can be ______

A

Voluntary and clear

24
Q

For Exigent Circumstances you need _____ and ___________.

A

Probable cause to search and
- A reasonable likelihood of danger
- A reasonable likelihood of imminent removal or destruction of property

25
Q

If a K9 alerts the handler what you have?

A

Probable cause

26
Q

3rd party dwelling need

A

a. Arrest warrant for suspect
b. Search warrant for 3rd party dwelling absent consent of owner

27
Q

Two types of warrants

A

Straight Warrant (New)
Default Warrant (issued for not showing up to court)