Level 2

Question 1

First Amendment
SPARP

Answer 1

Speech
Press
Assembly
Religion
Petition

Question 2

Communication of ideas, orally, or written

Answer 2

Speech

Question 3

Assembly

Answer 3

Time, Place, and Manner matters

Question 4

Unlawful Assembly

Answer 4

5 or more armed
10 or more armed or not

Question 5

What form of speech is not protected?

Answer 5

Fighting words
Speech plus

Question 6

Motor Vehicle Search Incident to Arrest

Answer 6

Weapons

Need for Escape

Evidence of the crime foe which the person is being arrested

Question 7

Person who cause inconvenience

Resisting arrest

Answer 7

Disorderly Person

Question 8

What can you do when you have mere suspicion/ hunch?

Answer 8

Observe/ Investigate

Question 9

What can you do when you have reasonable suspicion?

Answer 9

Stop/ Threshold inquiry

Question 10

What can you do when you have probable cause?

Answer 10

Arrest/ Search

Question 11

51%
That level of proof that is more than reasonable suspicion, yet less than proof beyond the reasonable doubt.

Answer 11

Probable Cause

Question 12

That level of proof that is less than probable cause, but more than mere suspicion

Answer 12

Reasonable Suspicion

Question 13

That level of proof based on facts sufficiently strong in themselves, to cause a reasonable and prudent person to believe that the accused committed the crime with which he is charged

Answer 13

Probable Cause to Arrest

Question 14

That level of proof based on facts sufficiently strong in themselves to cause a reasonable person to believe sizeable evidence is located in a particular place.

Answer 14

Probable Cause to Search

Question 15

The padding down of the outer clothing of a person, or area under his control, to determine by the sense of the touch, the presence of a weapon. In specific instances, it may include motor vehicles.

Answer 15

Frisk

Question 16

What is the purpose for a frisk?

Answer 16

For weapons

Question 16

For a frisk you need specific and articulable facts that this person is ______ and ________

Answer 16

Armed and Dangerous

Question 17

Aguilar Spinelli Rule

Answer 17

Veracity
Basis of knowledge

Question 17

Court created rule to remedy violations of 4th amendment rights

Answer 17

Exclusionary rule

Question 18

To amount to an arrest
ICC

Answer 18

Intent
Communication
Control

Question 19

Lawful Arrest
PAJ

Answer 19

Probable Cause
Arrestable Offense
Jurisdiction

Question 20

Are motor vehicle inventories administrative or investigative

Answer 20

Administrative

Question 21

Motor Vehicle Inventory Search

Answer 21

Lawful Custody of the Motor Vehicle
Written Department Guidelines

Question 22

Purpose for inventory

Answer 22

Safeguards owners property

Protect police from accusations of theft

Protect the place of detention from dangerous items

Question 23

Motor Vehicle Exception Search

Answer 23

Probable Cause Public Way Scope and Intensity= Entire Vehicle

Question 24

Who issues search warrants?

Answer 24

Superior Court Judge District Court Judge Superior Court Clerk Magistrate District Court Clerk Magistrate

Question 25

After a search warrant is issued, how long do you have to conduct the search?

Answer 25

7 days

Question 26

What is the time for a nighttime search warrant?

Answer 26

10pm-6am

Question 27

To execute a search warrant you must ____ and ____

Answer 27

Knock and announce and have a warrant in hand

Question 28

What do you need for a no-knock warrant?

Answer 28

Prior Judicial Authorization

Question 29

5 Categories of Seizeable Evidence

Answer 29

Contraband Instrumentalities Fruits of the crime Person with a Warrant Dead Human Body

Question 30

Area to be searched

Answer 30

Scope

Question 31

Where you may search within the scope

Answer 31

Intensity

Question 32

_____ are limited, warrantless searches to conduct a cursory check of a person for people only, **not** evidence.

Answer 32

Protective Sweep

Question 33

Reasons for an Exit Order

Answer 33

**Officer Safety** **Investigation** (RS of a crime) **To Conduct a Police Function** (Tow, Search) **Community Caretaking Function** (Medical Emergency)

Question 34

Are exit orders automatic at a traffic stop?

Answer 34

No

Question 35

What crime has to be committed for an exit order?

Answer 35

ANY crime

Question 36

**MOTOR VEHICLE FRISK** The frisk of a vehicle extends to areas where the suspect

Answer 36

Realistically had, has, or will have access to a weapon

Question 37

SJC relied on ___________ and held that it avoids speculation or second guessing an officer decision for MV stops (Pre-textual stops)

Answer 37

Authorization test

Question 38

The use of physical force is a _______ under the 4th amendment

Answer 38

Seizure

Question 39

Use of force will be held to ________

Answer 39

Reasonable Standard "Objectively Reasonable"

Question 40

Neither intended nor likely to cause serious bodily injury or death

Answer 40

Non-Deadly Force

Question 41

Intended to, or will likely cause death or serious bodily injury

Answer 41

Deadly Force

Question 42

Miranda Rights **5 REASONS**

Answer 42

You have the right to remain silent Anything you say may and will be used against you in a court of law You have the right to consult with an attorney before answering any questions and you can have him present during questioning If you cannot afford a lawyer and you want one, a lawyer will be provided for you by the commonwealth without cost to you You may stop questioning at any time

Question 43

What equals Miranda?

Answer 43

Custody Interrogation

Question 44

Direct questioning likely to result in an incriminating response

Answer 44

Interrogation

Question 45

Interrogation can occur when police use any words or actions, which they know, or should be reasonably aware, are likely to elicit an incriminating response

Answer 45

Functional Equivalent

Question 46

Waiver of Miranda Rights

Answer 46

Voluntary Intelligent Knowingly

Question 47

Significant deprivation of freedom, arrest, significant detention

Answer 47

Custody

Question 48

Groome Factors - 4 criteria used by the court to determine custody LIFF

Answer 48

Location Interview Style Focus Freedom to Leave

Question 49

If a person is on drugs/ alcohol, would not able to waive miranda What is this called?

Answer 49

Self-induced disability

Question 50

Right to silence invoked

Answer 50

**ALL** questioning stops Unless suspect initiates; or Unless an attorney is present **MAY** question them about other unrelated crimes

Question 51

Right to counsel invoked

Answer 51

**ALL** questioning stops Unless suspect initiates; or Unless attorney is present **MAY NOT** question them about **ANY** crime.

Question 52

4 Steps for Propper ID Procedure

Answer 52

1. Get a detailed description of the suspect from each witness prior to the ID procedure. 2. Read pre-selection instructions to each witness from the card 3. Perform a fair ID procedure 4. Document what you did

Question 53

How many hours do you show up/bring back after the commission of the crime?

Answer 53

2 hours

Question 54

What is the minimum level you need of information you have in order to detain a suspect for a show up?

Answer 54

Reasonable suspicion

Question 55

Forbids police from implanting criminal ideas in innocent minds and brings about offenses that otherwise would never been perpetrated

Answer 55

Entrapment