Scheft Chapt 1-4 Flashcards
What does CMVI stand for for motor vehicle lot?
Civil Motor Vehicle Infraction
What kind of fine does a Civil Motor Vehicle Infraction draw on?
Draws a fine known as a scheduled assessment.
What is a scheduled assessment?
A fine determined by the registrar and the District Court that is a fixed amount which must not exceed the statutory maximum
What fines must an officer add five dollars every time to?
Officers must add five dollars to every chapter 89 and 90 fines.
In the scheft motor vehicle law book do you have to add five dollars to the fine?
No all CMVI fine listed in the Scheft book includes the surcharge.
What do officers have the right of arrest for motor vehicle offenses?
Officers have the right of warrantless arrest for Any U LIARS.
What does U LIARS stand for?
- Under the influence
- License, operating without
- Injury or death, leaving the scene serious injury misdemeanor motor vehicle homicide
- Authority, use without
- Refused to stop
- Suspended license, operating after
For the purposes of arrest what does in presence mean?
Means that the officers are able to see the offense occurring.
What is a bad example of in presence arrest?
Comm vs Conway was a bad arrest due to them not seeing Conway operating the vehicle.
What is a example of a proper in presence arrest?
Comm vs Suggs the officer saw the defendant driving was going to issue a citation then changed his mind and made the arrest for operating after suspension because he’s saw the Suggs driving history.
How does an officer decide whether to issue a warning or an imposition of a penalty?
Officer has discretion at the time of the violation to decide whether they want to give it issued a warning or give a penalty.
What is an example of Officer discretion in case law?
Newton vs Newton
The Newton police chief attempted to force officers to write A certain amount of money fines a month. Which was illegal.
What are factors an officer considers in arriving at their enforcement decisions during a motor vehicle stop for money fine or a warning?
Somethings officers may consider are the four following things, type of driving behavior, driver history, drivers reaction to the violation, and the economic situation of the driver..
Is it a good idea to give a verbal warning?
It is not a good idea to give a verbal warning because it’s not documenting the stops you were making. It’s always better to give a hand written warning
How may a issued paper Citation be disposed of?
There are two legal ways to deal with an improperly issued paper citation.
1) void the citation because it was improperly issued spoiled or mutilated.
2) suggest that the Citizen request a hearing and communicate with the magistrate that the attitude about the violation has change and may request it be changed to lesser or a warning.
What is the purpose of 90C s 10, Unlawful Disposal of a citation?
The purpose of 90C s10 is To stop widespread abuse geared towards police or clerk magistrates in disposing of citations illegally.
What are the elements of unlawful disposal 90C s10?
- Knowingly
- Falsify, destroy or attempt to
- Citations or records
- Unlawful manner
What is the penalty of unlawful disposal of a citation 90C a 10?
Find of NMT $500 or house of correction NMT one year.
While writing citations what are some thing that you must fill out on them?
The race code. You must always write the race to your best estimate while writing citations.
What are the six race codes?
A- for Asian or Pacific Islander B -for black H- for Hispanic W - White I - for American Indian or Alaskan native M - Middle Eastern or East Indian
When is the only time you may not fill out the race box?
When the citation is mailed to the violator and they must check owner.
When may you change on the citation race box?
When the motorist objects
If you have to change the race box what do you have to do?
If you mark the wrong code in the operator objects, the officer may change it by crossing it out putting his initials on the citation and write a report indicating the reason for change.
In cases where there is a legitimate investigation regarding bias against a police officer what does the state/police officer have to do?
A two step procedure to deal with allegations of police bias.
1) defendant raises a reasonable inference,
2) burden on the prosecutor to rebut reasonable inference.
What is the key to disapproving police bias?
The testimony of the police officer is key to disapproving bias.
If testifying to disprove police bias what are the three things you should say during your testimony
You should explain your agency policy about bias, you must explain your personal commitment to not being bias, and explain your assignment where are you stop motor vehicles for the same type of violations.
To prove you were not bias, what should you testify to?
1) Explain the actual or perceived discrimination in policing is unconstitutional and hurts depart the departments relationship with the community it is harmful and unfair.
2) Explain the officers who engage in biased behavior is subject to discipline including termination. Also explain that supervisors monitor their officers and intervene in situations where bias may be intentionally or unintentionally occurring.
3) Explain your agency’s Required training which helps their officers understand the nature of bias and how to avoid it when dealing with the public.
In your police testimony to disprove bias, explain what your personal commitment is.
Because this is not enough to know your department policy, you must be prepared to firmly state your personal professional commitment to impartial policing. Explain your commitment to treating people fairly. Say that you recognize some officers do not. You need to communicate authentically why you think it’s wrong In your own words. (Ex: your core values of treating people fair, bias’ are unconstitutional and not fair, hurts policing and the community if are bias).
And your police testimony to disapproving bias explain your assignment on patrol.
Explained your where you were assigned to patrol, the nature of the public safety in traffic enforcement there, and your consistency with stopping all motors for the same type of violations.
What does Commonwealth versus Long establish?
Comm vs Long establishes a two step procedure to deal with allegations of police bias.
1) defendant raises a reasonable inference that bias played a roll in the stop.
2) the burden is on the prosecutor to rebut reasonable inference. If they don’t the judge usually throws out the evidence.
What does Comm vs long have to do with?
Assessing that specialized units do engage in general traffic enforcement. Spell out with that specialize unit traffic enforcement responsibilities are. Explain that there’s nothing wrong with investigatory police stops if the motorist also commits a traffic violation. It is only wrong if you’re interested in stopping that vehicle is based on racial and ethnic background of people in the vehicle.
When you were describing your stop what is a good phrase to use that describes the reason for the stuff other than race or ethnicity?
Neutral behavior clues is a good phrase to describe factors unconnected to race or ethnicity’s that officers rely on for reasonable suspicion or probable cause and stopping the vehicle.
What is a way to be completely transparent when it comes to motor vehicle stops?
When stopping vehicles document all stops:
- with a citation (written warning or fine)
- incident report
- or arrest report
By having a paper trail you are being completely transparent and your actions as a police officer.
For disapproving police bias what are some things that you can describe how you work to disprove the allegations.
Agency policy
- personal commitment -assignment
- past patterns
- events prior to the stop, -during the stop, and
- implicit bias.
How can you explain your past patterns For motor vehicle stops?
Past citation data can be printed out or explained. Also by documenting all traffic stops with a citation warning or money fine.
What are some things that you can describe for events prior to the stop?
This is critical information that the prosecutors and officers must present. Some of these things include vantage point when seeing the vehicle, explain running plates, explain nature of the violation, and explain how long you followed or why are you follow the vehicle.
How can officers avoid issues of motorist saying they were being followed for a long time prior to being stopped
This can be avoided by routinely initiating a stop as soon as a violation is seen.
What are some things you can use to describe the nature of the violation and stopping a vehicle?
You can describe the more obvious the public safety safety risk the less likely an officer will be biased. But if it is not an obvious reason for a stop you can avoid skepticism for the stop by adding to your report any independent proof of violation (witness saw it, photo of equipment violation, improper sticker, RV print out which includes a date and time it was run)
When describing running plates to avoid problems what are some things you could explain?
Explain that your department encourages constant checks registration for public safety purposes to include unlicensed driver’s, unregistered uninsured vehicles, unsafe vehicles with invalid or expired inspection stickers, stolen motor vehicles, and motor us with outstanding arrests or default warrants.
During The stop how can you avoid someone saying that you’re biased?
The court will review your behavior during the stop. Avoid comments perceived as biased. Fully identify yourself and explain the nature of the violation for them being stopped immediately when interacting with the driver. Communicate appropriately when the nature of the stop changes for example: exit orders, frisks, consent request, motor vehicle exception searches or pre-tow inventories. 
The long case has opened the door for defense attorneys to Challenge Police stops based on implicit bias. What is implicit bias?
Implicit bias refers to the attitudes or stereotypes that affect our actions and decisions in an unconscious manner. These biases are activated without awareness or intentional control. They caused us to have feelings and attitudes about people based on race ethnicity age and appearance. Everyone possesses implicit biases.
Can implicit bias of an individual change?
They can be gradually and learned through a variety of techniques.
What is a street test you can give yourself to see if you are being implicit bias?
Would I be doing this if the person we’re not blank. Fill in the perceived race ethnicity religion sexual orientation etc. It’s in your mind the answer is no or I’m not sure then stop because there is a chance you were being bias.
If the answer to your street test would I be doing this if this person we’re not blank, is absolutely yes that should mean what?
If you answer yes you would be doing this if the person were not a certain race ethnicity ridges religious or sexual orientation then you should be able to point to neutral behavior clues to justify your police action.
What is the no fix law
Chapter 90 section 2 is the citation service law. It is where officers must give a copy to the citation to the violator at the time in place of violation if possible this is to Provide the violator with notice of the violation, and to prevent the manipulation or “fixing” of traffic citations.
Under chapter 90 Section 2 Citation of service what is the means of service?
1) In hand or direct service is the preferred method
2) Service to agent where a citation may be served to another person who asked the agent for the violator
3) Mail the citation if they are not available at time of the incident or cannot be stopped.
Under chapter 90 section 2, Citation of Service what is the manner of service?
1) Certified service -Where officers must sign the citation
2) provide an envelope with the CMVI citation which enables her violator to pay the assessment by mail or request a hearing.
For proper distribution of citations for Civil motor vehicle in fractions how long do you have to get the RV their copy of the citation?
The RMV copy should be mailed or delivered within 6 business days.
How long do you have to turn in a criminal violation to district court for criminal violations of motor vehicle infractions?
Both District Court copies must be mailed or delivered within 6 business days. Failure to do so could result in the complaint not being filed.
What a four exceptions to the immediate Citation service under chapter 90 section 2 of civil motor vehicle law?
1) The violator cannot be stopped
2) Additional time is needed to identify the violator or the nature of the violation
3) Violation resulted in death
4) The court finds reasonable circumstances justify the delay.
What is typically not excused under citation service delay?
Officers verbal notice that investigation will continue does not usually justify this, initial citation for some violations but not all might not be excused, police Administrative challenges (for example days off, vacation are going to a detail)Are not excused and citizen initiate a complaint may not make up for delay.
What are some methods to avoid delayed Citation dismissals?
1) Include all civil and criminal offenses reasonably revealed better to overcharge then under charge
2) Be proactive about obtaining hospital records for oui’s with warrant or subpoena
3) As a final safeguard investigator should tell the defendant that the investigation is ongoing and that they may receive additional charges. When you do this make sure it is in your report do you advise them of the additional charges and ask them if they understood.
What is the chapter and section for failure to stop or obey a police officer?
Chapter 90 section 25
What are the elements of failure to stop or obey a police officer?
- Operating or in charge of a vehicle
- Uniform for conspicuous badge placement for an officer
- Failure to stop or obey
What are some examples of failure to obey?
Once stopped the suspect:
- Refused to give name and address
- Give a false name and address
- Refused or neglected to stop
- Refused To give their license and registration
- Refused to sign name(Officers may check signature against signature on license)
- Refuse surrender license, registration or plates
- Refuse or neglected to produce a license to a judge or court upon request
What is the criminal penalty for 90C s25 failure to stop or obey a police officer?
- Criminal fine of $100
- RMV action suspension for 60 days
- Right of warrantless arrest if it’s in the presence regardless if the events occurred on a public way or not.
What is Comm vs Timothy?
Timothy slowly pull to the right but took an unusually long time to stop and only stopped after he was in the next town over. The ruling was a failure to stop
What is Comm vs Brantley?
After pulling over Brantley backed up his vehicle 5 feet stopped and then got out of the vehicle and ran. This was considered a failure to stop because he was in control of a vehicle when he ran.
What is Comm vs Schiller?
Suspect drove away dangerously from my parking lot. Police officer found out where he lived and who he was, visited the defendants house an asked him for his license and registration. Defendant tried shutting the door place officer arrested him. Next day is not valid for operating in charge of a motor vehicle. 90C s 25 did not apply in this case.
What is Comm vs desir?
Plainclothes officers with badges displays simply walks towards defendants vehicle. No evidence that the officers signaled the person to stop. Later same officers pulled up next to him show their badges and signaled him to stop and he did. He was not allowed to be charge for 90C s25 for the initial contact.
Can normal driving amount to a failure to stop?
Yes Comm vs Osinski. Defendant kept driving for a quarter-mile even after seeing the emergency vehicle lights to pull over.
Describe Duty to stop is absolute.
Commonwealth Haverhill Ice Coleman where to drivers we’re in an altercation on the highway. Police arrived the trooper was investigating. The defendant wanted to leave because he was late. He asked if he could leave and was told no. He asked again later if he could leave the Trooper told him no again because he was still investigating. He left anyways. The defendant violated 90C s 25 when he left.
Can passengers be charged for failure to obey for officers during routine stop If they do not provide a license?
For routine stops passengers are not required to provide identification.
When my officers legitimately ask passengers for ID?
- Safety risk (possibly armed)
- Involved in a vehicle violation (Not wearing a seatbelt)
- Necessary to resolve the vehicle violation ( if Driver has a learners permit only need to identify passenger is 21 years of age)
- Involved in criminal conduct
- Involved in unsafe/improper conduct ( underage drinking, truant, runaway)Or
- Witness to a crime( And vehicle while driver is OUI or driving to endanger, passengers arewitness to this crime)
What may a citizen who interferes with emergency vehicles he charged with?
Statute 89, s7A with a penalty of CMVI $105
What are some examples of a driver who interfere with emergency vehicles?
When they failed to yield to emergency vehicles, by not pulling to the right and stop, not continuing until the emergency vehicle passes, not driving within 300 feet of the vehicle with lights or sirens on.
What kind of emergency vehicles may a citizen interfere with under the statue?
An ambulance, cruiser, fire truck.
When does a person willfully abstract an emergency vehicle
A person willfully abstracts or hinders emergency vehicle from getting by them possibly for example going back-and-forth and not let them pass. In this case they are eligible for arrest if the officer is present and witnesses the presence of breach of the peace.
What are the rules about driving and parking in fire things?
- They may not drive over fire hose
- They may not park within 800 feet of a fire, within established fire lanes, or beside a traveled public or private way leading to a fire. This is only in the case of a working fire.
When may statue 89 section 7B not be used?
When a motors motorist simply parks in a fire lane when there is no fire. In that case they will simply be issued a citation and/or be towed.
When does the move over law come into affect under statue 89, s7C?
When a emergency response vehicle
(which includes fire, police, ambulance, disaster vehicle, highway maintenance, or recovery/tow vehicle assisting a disabled motor vehicle)
- is STATIONARY ONLY!!!
