Protective Custody Flashcards
(302 cards)
1
Q
Community caretaking justifies detaining a person who may be
A
Lost disoriented or missing
2
Q
A person is incapacitated if they drink alcohol and is either (4):
A
Disorderly
unconscious
in need of medical attention
likely to cause physical harm or damage property
(DUMP)
3
Q
What is the standard for “disorderly” for protective custody?
A
The same as the criminal charge
4
Q
Is intoxication equivalent to incapacitation
A
No
5
Q
What is the level of information needed to trigger sobriety testing for PC?
A
Reasonable suspicion of incapacitation
6
Q
Can someone be removed from their home solely to be placed in protective custody?
A
Yes
7
Q
What amount of force is authorized during PC?
A
Reasonable force
8
Q
If a subject resist being placed in protective custody, what charge can you consider?
A
A& B on police officer or interfering
9
Q
If a PC is transported back home and left with a sober party what does that person need to provide?
A
Their name and relationship for the report
10
Q
A treatment facility for protective custody is any private or public place providing services, especially designed for
A
The detoxification of intoxicated persons
11
Q
A PC may be brought to the police station. May they also be brought to a county jail or house of corrections?
A
No
12
Q
Can a police PC refuse transport or treatment?
A
No
13
Q
The good Samaritan immunity law for alcohol, only applies to people aged
A
Under 21
14
Q
The good Samaritan immunity law for alcohol protects people under 21 from being charged with (3) if the evidence was gained as a result of seeking medical assistance
A
Furnishing “social host”
procurement/attempted procurement minor in possession
15
Q
Does immunity apply to adults 21 and over who host underage parties
A
No
16
Q
Once at the station, when does a PC need to be informed of their right to a phone call and allowed phone use?
A
Immediately
17
Q
If a PC is under 18 when does a parent or guardian need to be notified?
A
As soon as possible
18
Q
Regarding a PC when is it necessary to determine if there’s treatment available?
A
Every time a person is brought to the station
19
Q
What is the legal limit to establish incapacitation?
A
.10 or above
20
Q
What BT result authorizes sobriety testing for a PC
A
0.6-0.9
21
Q
What BT result entitles a PC to immediate release
A
0.5 or below
22
Q
What BT result for a minor determines if they need to be released to a parent, guardian or other adult
A
Any BT reading
23
Q
For protective custody do officers need to use a PBT or a BT
A
Either
24
Q
The difference between a BT test for protective custody versus oui is that a valid test for OUI requires:
A
Infrared device
25
If officers have a choice between using a BT or PBT for a PC, which should they choose?
BT but they can use either
26
Can officers inventory a PC’s personal possessions?
Yes
27
For adult PCs 18 and over what are the first and second priorities
1st priority treatment
2nd priority hold in Cell until sober or no longer than 12 hours
28
Officers should not hold those in PC longer than 12 hours without at least: (3):
1.Considering whether they can be safely released
2. Considering whether to transport them home
3.Re-booking them for another period of confinement using the complete PC process
29
What are the top three priorities for minors under 18 that are in protective custody?
1st release minor up upon request of parent or guardian
2nd treatment available transport minor to facility
3rd if treatment unavailable, hold minor and nonsecure detention
30
If a parent or guardian arrives incapacitated or unable to act responsibly, when picking up a minor PC, what should you do?
Hold the child and call DCF
31
How long can a minor PC be placed in a cell?
Never
32
If a minor PC is being held at the station where should they be kept?
In an unlocked area under continuous visual supervision
33
Police should not be held criminally or civilly liable for PCs if they are acting:
In a reasonable manner
34
What could result in being held liable regarding protective capacity?
Failure to act
35
Drug incapacitation refers to a person who consumed a controlled substance, toxic vapor or substance other than alcohol and is either (4):
Disorderly
unconscious
in need of medical attention
likely to cause physical harm or damaged property
(DUMP)
36
Should people being taken into protective custody for drug incapacitation be handcuffed?
Yes, and cuffing is permissible and advised
37
Can officers search the subject and immediate surroundings of someone being placed into protective custody or drug capacitation?
Yes
38
Officers can search a drug PC and their immediate surroundings to (2)
Discover weapons
facilitate on scene treatment (ex: searching handbag to determine what drugs were ingested)
39
Can an officer search an overdosing woman’s handbag to determine what she had taken
Yes
40
Does an officer need consent to have a drug PC brought to an emergency medical facility?
No
41
If someone calls for help because another person is overdosing who is covered under the good Samaritan immunity
The person who called and the person overdosing
42
If a police officer calls for an ambulance because someone is overdosing, are they covered under the good Samaritan immunity law?
Yes
43
The good Samaritan immunity law for drugs does not prevent prosecution for what crimes:
Distribution, possession with intent to distribute, trafficking or any other crime (oui)
44
The basis for the good Samaritan community law was research done by:
Department of Public health showing drug users failed to call 911 because they feared criminal prosecution
45
How long does custody last for a drug PC?
Through transport and emergency treatment
46
An overdose patient must be examined by a physician before release or the physician must:
Explain in writing why the evaluation did not occur
47
What is the best practice for getting a drug PC to a treatment facility?
Have EMS transport and accompany/follow ambulance
48
What is the best practice for getting a drug PC to a treatment facility?
Have EMS transport and accompany/follow ambulance
49
Does the law define the method of transport for drug PC?
No
50
Who has the legal authority to place a subject into protective custody?
The officer
51
Can a police officer delegate to EMS or healthcare clinic clinicians to put a subject into protective custody
No, only the officer can do it
52
Can a drug PC refuse transport and treatment?
No
53
Can a drug PC at times be transported to the station or their home?
No never
54
Is an alcohol PC or a drug PC considered an arrest crime?
No
55
Do police have to write an incident report for alcohol and drug PCs?
For alcohol they may
for drugs they must
56
What should be included in a report for an alcohol PC
The subject behavior that led officers to believe they were incapacitated and who took custody
57
What should be included in a drug PC report?
The date time and behavior that lead officers to believe the subject was incapacitated. Should also include where they were transported.
58
Naloxone is an _________ known by its brand-name narcan
Opioid Antagonist
59
DPH allows officers to administer nasal Narcan if they are
Properly trained
60
What does Narcan do?
Reverse the effects of an opiate overdose
61
If someone is given Narcan and then refuses transport to a hospital, what should happen?
They should be placed into protective custody
62
Medical evaluation is ________ for someone who receives Narcan
Mandated, either voluntarily or PC
63
What are the four reasons why medical evaluation is mandated after someone receives Narcan?
1.Near fatal overdose is evidence of in capacitation
2.Effects of Narcan may be temporary
3.Narcan can cause withdrawal and make person person reuse
4.Releasing person is public safety risk because they could try to drive a car
64
Police liability for drug PC generally stems from (2):
Failing to act or excessive force
65
The juvenile expose to drug statute only applies when the juvenile is present with what drug class
A, B or C
Not D
66
For juvenile exposed to drugs statute, what level of knowledge must officers have that a child under 18 is knowingly presently a controlled substance (A, B or C)
Reasonably believe
67
How long may a minor be held in protective custody for drugs?
No longer than four hours
68
Can a minor PC for drugs be held at a police station?
Yes, no longer than four hours in an unlocked area under continuous visual supervision
69
When should a minor PC for drugs be released to a parent or guardian
As soon as possible
70
Does an injured citizen in the field have the right to refuse medical treatment
Yes
71
What is the emergency exception where a person does not have the right to refuse medical treatment (3)
1. unconscious or incompetent therefore can’t decide
2.Delay to gain consent risks death or serious, bodily injury
3.Under the circumstances, a reasonable person would want treatment
72
Use of force during a medical emergency must be ______ in relation to the subject medical condition
Reasonable
73
Is a taser drive-stun reasonable force for someone experiencing a diabetic emergency
Yes
74
Does someone have to be unconscious in order to refuse transport for medical treatment?
No, (for example, person may be highly intoxicated, involved in a head-on car crash and seriously injured)
75
Many people with mental illness, have episodic illness meaning
They have good and bad days
76
Mental illness may interfere with (4)
Perception
judgment
behavior
ability to relate to other
77
When extreme behaviors occur, you should not assume that the emotionally disturbed person is a criminal, consider the possibility of a
Mental health disorder
78
Are people with mental health needs more violent than the general population?
No
79
If someone with mental illness becomes aggressive, it is usually because they feel
Frightened, confused or hopeless
80
When does maintaining safety for a mentally ill person become especially challenging? (2)
1. Stop taking prescribe medication
2. has dual diagnosis
81
What does dual diagnosis mean?
Major mental health disorder, and a substance abuse problem
82
What percentage of emotionally disturbed persons are arrested by police at some point in their lives
40%
83
Who often has the best information for an EDP?
Individuals on scene who know the EDP
84
What is the overall goal when dealing with EDP?
Least intrusive intervention consistent with public, EDP, and officer safety
85
Can officers arrest a mentally ill person if they have probable cause and right of arrest
Yes
86
Does a mental health condition nullify probable caused to arrest or charge
No
87
Do officers have to take into account an offenders mental condition in their charging decision
No, they may take it into account but they don’t have to
88
For a more serious crime, what should Police do with a mentally ill offender?
Arrest or at least charge and get help for him
89
What does charging a mentally ill offender in serious cases help ensure
Public safety in the event they fail to comply with treatment or get released prematurely
90
For mentally ill offenders, the prosecutor must be allowed to go forward as long as:
Police have probable cause
91
For defendants that have been charged or arrested when will their mental status be addressed?
Post arraignment as part of the trial process
92
Sometimes the best way to help an EDP is to:
Suggest voluntary commitment
93
Under 123/10 voluntary commitment may be sought by:
1. a person at least ___ years old,
2. a ____________ on behalf of a person under 18
3. court appointed guardian on behalf of a person under his care ages ____
1. 16
2. Parent or guardian
3. No age limit
94
Can a parent or guardian withdraw their child from a facility for treatment?
Yes
95
In extreme cases, a patient may be held beyond three days if the facility files a:
Petition for long-term commitment
96
Are officers required to leave a hospital room so a defendant can speak with a psychotherapist alone
No
97
If an officer is present during a psychotherapist evaluation, the defendant statements are typically in admissible unless the court rules that:
The interest of justice require that the communication be disclosed
98
Involuntary commitment must be based on _______ due to mental illness
Likelihood of serious harm
99
Likelihood of serious harm for a section 12 includes (3):
Danger to self, danger to others, inability to protect self
100
An EDP may be sectioned if they present a _______ risk of physical harm to himself
Substantial
101
A EDP may be sectioned if they present a ______ risk of physical harm to others
Substantial
102
An EDP maybe sectioned if they present a _______ risk of injury to himself based on the inability to protect self
Very substantial
103
If a mental health facility is discharging a child the facility must provide a parent or guardian with ___days notice
14
104
For a section 12 the likelihood of serious harm must be the result of:
Mental illness
Does not include alcohol or substance abuse
105
Section 12 is for a maximum commitment of ___ days
3
106
What time of day may an officer restrain an EDP who they believe poses a likelihood of serious harm?
Any time of day or night
107
If an EDP refuses examination, can a clinician still issue in order for commitment
Yes
108
Four categories of commitment for section 12
1.Clinician issues based on exam 2. clinician issues in an emergency (no exam)
3. officer issues
4. judge issues warrant of apprehension
109
Who may apply to a district or juvenile court for a commitment order under section 12
Any person
110
A judge may issue a warrant of apprehension of an EDP who poses a likelihood of
Serious harm
111
When must a warrant of apprehension be executed for an EDP?
During the day when court is in session
112
How long do police have to serve a warrant of apprehension for an EDP?
It typically says on the warrant usually 5 to 7 business days
113
If there’s a warrant of apprehension for an EDP and it is after hours, what can Police do (2)
1. Direct them to go to court the next day
2. Section them
114
Can officers enter private homes to place an EDP into protective custody/serve a section 12 if ordered by judge or clinician
Yes
115
Since EDP‘s can be an unpredictable group, what should officers do before serving a section?
Obtain information from the court, clinician, or family
116
What can help avoid a tragic result when serving section 12
Considering potential difficulties before please enter
117
Where should EDP’s be transported?
Order issued by a clinician-bring to appropriate facility
Order issued by Judge-bring to court
118
A clinician for the purpose of section 12 refers to a (4)
Physician, psychiatric nurse psychologist or licensed social worker
119
Can officers handcuff an EDP
Yes, but they should avoid unnecessary restraint
120
In order for an officer to decide to take an EDP into custody, they must have ______ that the EDP poses a likelihood of serious harm
Probable cause
(common sense determination)
121
If Police have time to consult with a clinician prior to entering an EDP‘s home they have _______ for their entry
Independent support
122
If exigent circumstances make consulting with a clinician impractical before taking an EDP into custody, officers should
Seek consent from an occupant to enter; if that fails force entry
123
Where should an officer fill out a section 12 application form
At the hospital
124
Restraints may be used on an adult for up to ___ hours prior to examination
2
125
Restraints may be used on a minor for up to ___ hours before examination
1
126
Are officers allowed to restrain EDP patients being sectioned
Yes
127
Can officers use force to transport a person to a hospital for evaluation?
Yes
128
Officers are immune from civil suits for restraining, transporting or admitting a person to a facility if they:
Act in good faith
129
Use of force decisions for an EDP must take into account the subjects:
Mental condition
130
Who may initiate an involuntary or voluntary transfer of a prisoner to a mental health facility?
The OIC
131
Who can petition the court for a section 35?
Police officer, physician, spouse, blood relative, guardian, court official
132
Can a section 35 be issued for someone that abuses inhalants?
Yes
133
A person can apply for a section 35 if they believe that a person is a ______alcoholic or substance abuser
Chronic
134
Like a section 12, the benefit of a section 35 is that it gives officers:
The choice of taking matters into their own hands or calling another party to initiate the process
135
How long does a section 35 remain active?
Five consecutive days excluding days when court is closed
136
Is home entry justified to serve a section 35
Yes
137
If a person is apprehended for section 35 when must they be presented before a judge?
Immediately
138
Section 35 allows for a commitment up to _____ days
90
139
A person held under a section 35 is housed separately from convicted criminals and may be released by ________ prior to the end of 90 days
Superintendent
140
For a long-term hospitalization, the __________ must petition the court
Facility superintendent
141
Before a person with a section 35 is committed they are evaluated at court and:
Given a hearing with counsel
142
If a facilities superintendent petitions the court for longer hospitalization, and court agrees, the initial stay is for another:
6 months. Commitment is reviewed annually after that
143
For longer-term hospitalization, the standard is:
Proof beyond a reasonable doubt
144
For a mental health, patient missing from a Massachusetts facility, the ________ (2) dictates action
Length of absence and reason for commitment
145
Officers should return a missing patient to a mental health facility if they have been absent for less than:
6 months
146
If a missing patient is absent from a mental health facility beyond six months, should they be automatically returned?
No, facility staff should obtain a judicial review before commitment
147
A patient must always be returned to a facility, regardless of length of absence if (2):
They were committed after being found incompetent to stand trial
or not guilty by reason of insanity
148
Officers may detain a person who escaped from an out-of-state mental health facility and may be dangerous. Officers should hold the person and alert the district attorneys office to begin _________ proceedings
Rendition
149
At what age can a child be placed into protective custody for running away from legal custodian?
6-under 18
150
For a runaway juvenile who is considered a legal custodian
Parent, guardian or agency who is responsible for child welfare (DCF)
151
What level of knowledge is needed to place a juvenile into protective custody for running away?
Probable cause that child has run away and will not respond to a summons
152
Is a prior episode of running away required in order for officers to establish probable cause to PC juvenile for running away
No. Simply must believe child is likely to run away again without their intervention
153
Officers must PC a child named in a warrant of protective custody if they can deliver the child to ________ no later than _____
Juvenile court
430pm
154
Does a warrant of protective custody (WPC) appear in the warrant management system (WMS)
No
155
How do officers receive a warrant of protective custody?
The court sends it to the police department in the community, where the child lives
156
Where on the WPC warrant does the 4:30 PM deadline appear?
On the face of the WPC
157
If officers find a child named in a WPC after hours, they may (2):
1. Inform the child (and parent or guardian) about the WPC and direct them to go to court the next day
2. place the child into protective custody as a runaway (if applicable) and execute the WPC the next day
158
Can police PC a child for truancy
No
159
Can Police PC a child for failing to obey a legal custodian?
No
160
Can police PC a child for failing to obey school regulations
No
161
Can police PC a child for violating a local curfew
No
162
When taking a child into custody, they are more likely to cooperate if they sense that:
Officers are non-judgmental
163
Children find it easier to accept a decision that is motivated by the officers concern for their welfare and:
Is legally justified
164
When taking children into custody, listen to them, but avoid debating:
The merits of their case
165
When should officers handcuff a child when taking them to protective custody as a runaway?
Never
166
Should officers search a child for weapons or contraband prior to placing them into protective custody?
Yes
167
When an officer transports a juvenile for protective custody, where should the juvenile be placed inside the cruiser?
Secure back seat area of cruiser
168
Children and protective custody should only be charged as a:
Last resort
169
For the child who is significantly noncompliant during PC process officers may consider charging (2):
Interfering with police officer
A&B public employee
170
Once encountered by police can juvenile runaways, then commit other offenses
Yes (ex kicked officer)
171
When an officer executes a warrant of protective custody (WPC) they should transport the child to:
Court that issued the warrant no later than 4:30 PM
172
When an officer decides to PC a runaway, the law mandates placing the child in the following order of preference:
1. Childs legal parent or guardian
2. Temporary licensed shelter
3. Juvenile court
173
If an officer decides to PC the juvenile runaway, the child may be brought directly home or to the police station in order to facilitate placement with parent, guardian or other:
Reasonable person known to the child
174
If a juvenile runaway PC is brought to the station, the reasoning should be explained in:
The police report
175
When a juvenile runaway PC is released to a parent or other responsible person, that person must:
Promise in writing to bring the child to court the next day
176
If a child cannot be reunited with their legal custodian or other responsible person dial ____ and use the ___________program
211
Runaway assistance program
177
If officers have tried and are unable to release a juvenile to a guardian or temporary licensed shelter, they should bring the child to juvenile court and sign:
Sign the affidavit
178
Can a juvenile PC brought to the station behind handcuffed
No
179
A juvenile PC that is brought to the station should be held in a _______ multi-purpose area
Unlocked
180
What length of time should juvenile PCs be held at the station?
Only the time necessary to get them to a legal custodian, responsible, person, approved, shelter or court
181
How often does a juvenile PC need to be checked on while held at the station?
Under continuous visual supervision
182
Children should only be transported in a _________, NOT a _____
Marked or unmarked cruiser
Not a police wagon
183
Is it permissible to transport a juvenile and adult together?
No
184
Police may request DCF assistance by either removing the child from the situation and notifying DCF or:
Keeping the child at the location and notifying DCF for removal decision
185
Do police have to file a 51A if DCF response to the scene
Yes
186
Can officers wait until they’re at the station to call 211 or make other placement efforts for juveniles?
Yes
187
The law only prohibits bringing a runaway child to the station ______ an officer decides to place the child with a shelter
After
188
Officers may justify bringing a runaway child to the station as long as it is ______ to a shelter placement
Prior
189
DCF can petition the court that there is a reasonable cause that the child is suffering from or in immediate danger of __________, and _________is necessary to protect the child
Serious abuse or neglect
Immediate removal
190
Court may order transfer of the child to DCF custody for up to ____ hours
72
191
Once a child is placed into DCF custody, there is a follow up hearing where the court decides if temporary custody should continue. The standard of proof is:
Preponderance of the evidence
192
Elder protective service caseworkers, and officers may not enter a home without (3)
Consent
emergency
court order
193
An elder is entitled to _____ notification that investigation is being conducted
Written
194
If officers accompany an Elder caseworker to way home and are not given consent, they may only enter if they have _________ that the elder is an imminent danger of death or serious barley injury
Reasonable suspicion
195
If an animal is impounded for cruelty or fighting, the police or prosecutor may file a petition with the court requesting that the owner:
Post a security payment for the animals care
196
A citizen must ______ before forcing entry into a vehicle to protect an animal
Call 911
197
What public safety officials can forcibly enter a vehicle to protect an animal due to stream heat or cold
Police officer
animal control officer
firefighter
198
When a detainee arrives at the station, he must be properly booked. A detainee refers to anyone who has:
Been arrested or placed into protective custody
199
Booking includes (3):
Fingerprints
photographs
inventory of property
200
The primary purpose for the booking process is:
To identify the detainee
201
The booking procedure is important to the detainee because it creates a _________ which allows his family, friends, and Attorney to determine his whereabouts
Public record of arrest
202
Does a detainee have to be told booking is being videotaped
No
203
Does a detainee have to be accurately informed why he was arrested?
Yes
204
Following arrest and once in booking, are police obligated to provide a copy of an arrest warrant on request?
Yes
205
If someone came to the station prior to being arrested, their telephone rights are triggered by
Formal arrest
206
If a person is arrested in the field, they must be allowed to use the telephone within 1 hour of:
Arrival at the station
207
If a person voluntarily accompanied officers to the station, does their right to a telephone begin at time of Miranda warnings or at time of formal arrest
Formal arrest
208
While officers may wait until formal arrest to advise suspect of right to a phone call, they may not deliberately _____ arrest to take advantage of a suspect
Delay
209
Does a right to a phone call still apply when the suspect is already incarcerated on another matter
No
210
A defendant was in custody on an unrelated matter when police arrived at the house of correction to question him for a murder. Was the defendant entitled to a phone call prior to this interrogation
No
211
Does the right phone call apply to arrests made out of state or initially by federal authorities?
The SJC has not decided
212
If a detainee reports that the police intentionally withheld their right to a phone call, who has the burden of proof
The detainee
213
What happens to evidence gained from intentionally withholding a phone call?
Surpressed
214
What is the purpose of documenting the phone number that a detainee calls?
Confirms the detainee was afforded the right, and protects against unauthorized use of station phones
215
Can detainees make their phone call from police cell phone
Yes
216
Do officers have to inform detainees if they are given a phone that records outgoing calls
Yes notify them in advance
217
Never record (and listen to) detainees phone call unless
He is notified
218
Is there a requirement that a detainee is permitted to make a private phone call
No
219
Are officers allowed to testify about information they overhear when detainee is making their phone call?
Yes
220
While on the station phone, Police heard a murder defendant comment to his girlfriend. “I fucked up I fucked up.” Can officers testify to this statement
Yes
221
The ____ of a police lockup shall _______ examine a detainee for injuries
OIC
Immediately
222
If the OC finds any bruises, cuts or other injuries on a detainee, they must:
Write a report to the chief
223
Police are liable for their deliberate _________ to the medical needs of any detainee
indifference
224
Does the requirement that a detainee be examined for injury include the removal of clothing?
No
225
The requirement to examine a detainee for injury, only applies to the ________ after arrest
First lockup
226
When a detainee shows signs of opioid intoxication officers must
Provide medical care
227
Does a suspects admission to taking opioids 30 minutes before arrest, their struggle to stand for booking, and slumping over enough to require officers provide medical care
Yes
228
Whenever a person in police custody commits suicide or dies, the ____ must write a report and send it to the medical examiner within ____ days
OIC
7 days
229
If a person in lockup threatens or attempts suicide, the ____ must describe the event in CJIS within ____
OIC
24 hours
230
If a person in lockup threatens or attempts suicide, the OIC must describe the event in CJIS, and provide ______ to any lock up the subject is transferred to
Written report
231
The law mandates that desk officers must be able to ___ what is going on inside cells
Hear
232
The law mandates that ____ cell must contain an electronic audio system
1
233
An Officer must check each cell at reasonable intervals, recommended no longer than:
30 mins
234
Detainees present a _____ risk of suicide
High
235
Are Police required to receive training and suicide prevention
Yes
236
Police must take ____ verbal threats and physical gestures of suicide seriously
Any
237
Detainees must be protected from sexual abuse. This is mandated by a federal law known as the:
Prison rape elimination act (PREA)
238
The PREA says all police agencies must screen detainees to determine whether they are vulnerable to:
Sexual abuse and take steps to protect them
239
Detainees must have _____ ways to report sexual abuse, including to an entity outside the police agency
Multiple
240
A full investigation is required in response to any allegation of sexual abuse against staff or other detainees. This includes (3)
Collecting physical evidence
providing victims with proper medical and mental health treatment
241
A full investigation is required in response to any allegation of sexual abuse against staff or other detainees. This includes (3)
Collecting physical evidence
providing victims with proper medical and mental health treatment
242
Who is authorized to decide to release a prisoner who agrees to obtain voluntary mental health treatment?
OIC
243
If the OIC decides to release a prisoner for treatment, how is the prisoner transported to a treatment facility?
The OIC may transport a prisoner to treatment or arrange for a family member or caseworker to take over
244
Is the OIC authorized to arrange for psychiatric hospitalization for a prisoner who is not eligible for bail or unlikely to be released?
Yes
245
If the OIC decides to arrange for psychiatric treatment for a prisoner, they may arrange for
A clinician to see the prisoner at lockup or transport the prisoner to the hospital
246
If OIC decides a prisoner is needs involuntarily transfer for psychiatric treatment who reports recommendations to the judge
Clinician
247
If the OIC decides to arrange for psychiatric hospitalization for a prisoner who is not eligible for bail or unlikely to be released what is the process?
1. The OIC should notify a hospital that receives emergency psychiatric patients.
2. The OIC can arrange for a clinician to see the prisoner at lock up or the hospital.
3. The clinician then reports to the judge
4. the judge may commit the prisoner to a state hospital until the next court day.
248
If a judge decides that a prisoner needs to be committed to a state hospital until the next court day, who is responsible for transporting the prisoner to the hospital and to court
Police
249
The law allows prisoners or their legal representative the right to petition the district court for transfer to a state hospital. The court may grant this transfer if the prisoner poses a serious risk of self harm or has been on a mental health watch for
More than 72 hours
250
If a prisoner requests transfer to a state hospital what must the police do?
File a petition for transfer if requested
251
How long do police have to interview a defendant?
Six hours from the time over arrest
252
Six exceptions to the six hour rule regarding interviews
Arrestee needs medical attention
incapacitated from drugs or alcohol
police emergency
police request consent to search
Arrestee signs waiver of prompt arraignment
arrest occurs outside mass
253
Arestee must be afforded a probable cause determination by a _______ within 24 hours of warrantless arrest
Magistrate
254
The SJC created the Jenkins hearing because it felt that arrestees should have their cases reviewed promptly since prolonged detention might affect
Their job and family relationships
255
Jenkins hearing occurs within ____of warrantless arrest
24 hours
256
Can a Jenkins hearing occur over the telephone and is the arrestee entitled to be present
Yes can occur over phone
No not entitled to be present or have counsel
257
Following Jenkins hearing, is the probable cause determination, subject to review at arraignment
No
258
Once a prisoner has been in custody and on a mental health watch for 48 hours, what should the OIC do?
Inform them of their right to petition for transfer to a state and repeat notice every 24 hours after
259
Who bears the burden of demonstrating that a Jenkins hearing did not occur within 24 hours because of extraordinary circumstances
Police
(example for delay, major snowstorm, or defendants hospitalization)
260
For violation of the Jenkins hearing rule is the case automatically dismissed
No, but it may be appropriate in cases of misconduct
261
If a defendant refuses to answer booking questions or cooperate with booking process, are they still entitled to phone call within hour
No
262
Before a person is released from custody, what has to be checked
WMS
263
What are the 3 reasons to inventory a detainees belongings?
Preserve their property
Protect police from disputes
Prevent escape, self injury, or harm to others at station
264
An inventory of detainees property is not a search for evidence. It is an _________
Administrative procedure
265
_______ is not an acceptable reason for inventorying prisoner property
Desire to find evidence
266
The inventory process requires (3)
Lawful custody
Written procedures
Inspection conforms to policy
267
If an arrest involves multiple agencies, which booking policy should you follow?
The policy of the agency that controls the lock up
268
Booking policy should allow officers to open locked containers when (2)
1. They have the key or combination and the time to do it
2. They reasonably believe the contents pose a danger to police or public
269
During booking inventory, if officers don’t have a key combination or reason to believe there’s danger in a locked container what should they do with the container?
Record the locked container as an item without opening it or obtain a search warrant if they have problem, cause it contains evidence
270
What act requires the departments provide medication to people in their custody who request and need it?
Title II of the Americans with disabilities act
271
What act requires the departments provide medication to people in their custody who request and need it?
Title II of the Americans with disabilities act
272
Who must witness a detainee take their medication and noted in the booking record
Supervising officer
273
The booking policy should require that any medication be ______
Identified
274
What is the only exception to giving medication and lockup?
Medical marijuana
275
Can a police officer be sued for property inventoried at booking but allegedly lost or stolen afterwards?
Yes
276
Failure to advise a defendant of their right to independent examination for oui will often result in the case being
Dismissed
277
Can Police refuse to transport defendant to the hospital, even though he had arranged over the phone for a blood test?
Yes
278
Police must typically release a juvenile arrest and may only hold him if
1. The child is at least 14 in the OC agrees he should be held or;
2. The arrest warrant orders that the youth be held.
279
Do police have to notify the bail commissioner for a juvenile arrest
Yes
280
Juveniles under ____ years old are not eligible for secure detention and must be held in a nonsecure custody
14
281
Juveniles 14 and older are eligible for secure detention for up to ___ hours
6
282
When does secure detention for juvenile begin?
When the juvenile is confined in a locked room or cell or is cuffed to a stationary object
283
Juveniles in a cell must be properly monitored and checked at least every ___ minutes
30
284
EOPSS requires a police departments, maintain a __________ to record instances of secured detention
Juvenile lockup docket
285
Before the 6 hour period ends the juvenile must be:
Release to parent guardian transported to court
referred to overnight arrest program
286
Juveniles 14 and over are eligible for secured detention for up to six hours as long as the Cell is
Sight and sound separate from adults
Cell approved by DYS
287
Where should juvenile detainees age 12 and 13 be held at the station?
In an unlocked multipurpose area, such as an office, not designed for residential use, Under continuous visual supervision
288
Can juveniles 12 and 13 be handcuffed
Yes, but they may not be handcuffed to any stationary object
289
What happens if a juvenile detainee age 12 or 13 is noncompliant and leaves the unlocked area they are being held
The juvenile can be brought back into the station in place in a locked area. It should be noted the juvenile was unwilling to follow officer instructions and not that they’re being a runaway.
290
Delinquent children may be handcuffed. What type of youth may not be handcuffed
All children requiring assistance CRA under age 18
291
Should you fingerprint and photograph CRA children and submit their information to CJIS?
No
292
Anyone who is not a United States citizen is defined as a
Foreign national
293
Anyone with a green card is considered a
Foreign national
294
Article 36 of the ______ states that if a foreign national is arrested, authorities shall inform them of their right to have his consulate notified
Vienna convention
295
When officers encounter a foreign national they reasonably suspect is committing a crime they need to determine whether the suspect has:
Diplomatic immunity
296
If a suspect has diplomatic immunity, they should have:
Diplomatic documents from our state department
297
When dealing with diplomats officers should _____ the diplomat until they verify their status
Detain
298
Officers are not permitted to handcuff a diplomat unless he or she poses
Immediate safety threat
299
Authorities do not have to inform a foreign national of their right to have a consulate notified if it is during:
Brief detention such as a terry stop
300
When dealing with diplomats what are officers not allowed to do (3)
Handcuff
Arrest or charge
Search for frisk, diplomats person vehicle or personal belongings
301
When dealing with diplomats what are officers not allowed to do (3)
Handcuff
Arrest or charge
Search for frisk, diplomats person vehicle or personal belongings
302
In regards to diplomats, is stopping and citing diplomat for a traffic violation considered a detention or arrest
No
