Constitutional Law MPTC Exam: Search, Seizure, Warrants & Arrests, Exams of Law

Download Constitutional Law MPTC Exam: Search, Seizure, Warrants & Arrests and more Exams Law in PDF only on Docsity! Constitutional Law MPTC Exam Questions And Answers 1st Amendment - correct answer ✅Establishes freedom of religion, speech, press, assembly, and petition. Definition of religion under the 1st amendment - correct answer ✅Citizens have the right to worship a god or supreme being (Or not to hold such beliefs). The government can not require or force observations or compel citizens to follow any particular religion. Definition of Speech under the 1st amendment - correct answer ✅Protected speech includes spoken and written words, the act of not speaking and symbolic conduct. What are the following types of speech not protected by the 1st amendment. - correct answer ✅Obscenity, fighting words, threats, incendiary speech. 2nd Amendment - correct answer ✅Establishes the right to keep and bear arms. Intended to keep and protect the individuals right to possess personal firearm for lawful purposes. Constitutional Law MPTC Exam Questions And Answers 4th Amendment - correct answer ✅Prohibits unreasonable searches and seizures by the government. Definition of a Search - correct answer ✅Physical invasion or intrusion of privacy by police on people, homes or personal property to obtain info or gather evidence. Definition of a seizure - correct answer ✅When police take possession of property, make an arrest, or restrict a persons ability to move freely. 5th Amendment - correct answer ✅Prohibits citizens from being punished for the same offense twice (Double Jeopardy) from being compelled to testify against themselves (Self- Incrimination) provides the right to indictment for certain types of offenses by a grand jury and guarantees due process of law. 6th Amendment - correct answer ✅Requires all persons charged with a crime be informed of charges against them. People charged with a crime have a right to council and right to a speedy trial by impartial jury. Constitutional Law MPTC Exam Questions And Answers primarily the U.S. Supreme Court, the SJC, and Mass appeals court. Objective - correct answer ✅"Others" - What a reasonable person would do, act, or believe Subjective - correct answer ✅"Self" - What an individual person did or believed Reasonable Suspicion - correct answer ✅Must be based on specific and articulable facts which, when taken together, would convince a person of reasonable caution to believe that a person has committed, is committing, or is about to commit a crime. Probable Cause - correct answer ✅Trustworthy facts and circumstances sufficient to convince a person of reasonable caution to believe that it is more likely than not. Probable Cause - in the case of a search. - correct answer ✅A specific item subject to seizure will be found in the place to be searched. Constitutional Law MPTC Exam Questions And Answers Probable Cause - in the case of an arrest - correct answer ✅A crime has been committed and the person to be arrested has committed it. Collective Knowledge - correct answer ✅Knowledge of one is the knowledge of all. Information held by one may be used to establish reasonable suspicion or probable cause even if not witnessed firsthand by or communicated to the officer making the stop, search, or arrest. Veracity - correct answer ✅Whether the source is reliable or believable Basis of Knowledge - correct answer ✅Is how the source or witness acquired the information Specific + Articulable facts - correct answer ✅Area of encounter, Reason for encounter, Officer Training experience, familiarity of defendant, Defendants nervousness or evasive conduct, High crime area Constitutional Law MPTC Exam Questions And Answers Exclusionary Rule - correct answer ✅Makes any evidence obtained by police in a unreasonable search and seizure inadmissible in court. Fruit of the Poisonous Tree - correct answer ✅Any evidence directly derived from the illegal search or evidence found incidental to the unlawful search will, generally speaking, be suppressed. Exclusionary Rule Exceptions - correct answer ✅Attenuation/Purging the taint, Independent source, Defective warrant, Invalid arrest Attenuation/Purging the taint - correct answer ✅When unlawful police action leads indirectly to discovery of evidence or subsequent events reduce the impact of the unlawful action the court may decide that the evidence was so removed from the misconduct that it will not be suppressed. Voluntary Encounters - correct answer ✅Police do not need any legal justification to approach, talk with, or ask questions of any citizens in a public place, so long as the citizen is willing to listen and voluntarily answer. Constitutional Law MPTC Exam Questions And Answers Fugitive Warrant - correct answer ✅To arrest a person based on a warrant from foreign states or jurisdictions. Jurisdiction - correct answer ✅Specific geographical area or territory where a police officer can arrest or serve processes, provide they are in uniform or displaying a badge of office. Mutual Aid - correct answer ✅Enter into agreement with one or multiple municipalities through out MASS. What are the formats of Jurisdiction. - correct answer ✅Mutual Aid, Officer in Charge permission, Transferred authority, Fresh+ Continued Pursuit, Citizens Arrest, Arrest warrant. Citizens Arrest - correct answer ✅In MASS a private person may lawfully arrest someone who has "In fact" committed a felony as long as they have probable cause. Massachusetts Municipal police can do what with an arrest warrant. - Constitutional Law MPTC Exam Questions And Answers correct answer ✅Officers may arrest on a warrant anywhere in the commonwealth of MA. Fresh Pursuit into Massachusetts from an outside state - correct answer ✅Allows an out of state officer in fresh pursuit of a suspect who has committed a felony in their state to pursue the suspect in MA in order to arrest that person Police need a warrant to search Reasonable expectations of privacy areas, these areas include: - correct answer ✅Body, Home, Curtilage, Personal property, Place of business, electronic devices Curtilage - correct answer ✅Is the immediate area surrounding a dwelling that generally includes driveways, gardens, decks, swimming pools, garages, and storage sheds. Police may conduct searches and seize times without a warrant when "No reasonable expectation of privacy" exist. What are these examples? - correct answer ✅Property that has been discarded, abandoned, or left in plain view Constitutional Law MPTC Exam Questions And Answers Areas not part of the Curtilage - correct answer ✅Open fields, Abandoned property, Real property, Garbage Search Warrant - correct answer ✅Written documents issued by Massachusetts judicial officials that empower officers to search, without consent and by force if needed, a defined place for people or evidence of a crime. Issuing Authority and jurisdiction of a search warrant - correct answer ✅In Massachusetts this includes Judges, clerk magistrates and assistant clerk magistrates of the superior court and district court. Jurisdiction - correct answer ✅Specific geographical area or territory where a police officer, constable, or other authorized MA official can arrest or serve processes, provided they are in uniform or displaying a badge of office. Application for search warrant needs a detailed affidavit including: - correct answer ✅Statement of probable cause showing property, articles and person to be seized, Detail of premises, detail of property, articles, vehicles, or person to be seized. Constitutional Law MPTC Exam Questions And Answers What are the facts used by police without a warrant to establish probable cause? - correct answer ✅Officer Knowledge, Officer observations, Corroboration of evidence, Victim/witness statements, suspects prior criminal history, suspects confession or admissions, suspects flight or secretive conduct Location of a warrantless arrest - correct answer ✅May be made in a public place What's the exception to a warrantless arrest not in a public place - correct answer ✅May not enter a residence unless they have consent of the homeowner or have existent circumstances Mass police may make a warrantless arrest within their jurisdiction under what circumstances. - correct answer ✅Felony committed in the officers presence, Misdemeanor committed in the officers presence amounting to a breach of the peace, Specific misdemeanors in presence with statutory power if arrest only, Specific misdemeanors with statutory power of arrest on Probable cause. How many powers of arrest are there? - correct answer ✅5 Constitutional Law MPTC Exam Questions And Answers Detention by merchants - correct answer ✅Can detain a shoplifter in a reasonable manner for not more than a reasonable length of time. The police may conduct a warrantless search of people under arrest and any area within their immediate control to prevent? - correct answer ✅Escape, Harm to the public, destruction or concealment of evidence of the crime. Search incident to arrest may be made only for ? - correct answer ✅Seizing fruits, instrumentalities, contraband and other evidence of the crime in order to prevent its destruction or concealment. And removing any weapons. Scope of search incident to arrest. - correct answer ✅Search should be performed contemporaneously (During the same period of time) in place and time with actual arrest. Grabbing Area is defined as? - correct answer ✅Area within their immediate control where a person could reasonably grab or gain possession of a weapon or destroy evidence. Containers are also included where such items could reasonably be located. Constitutional Law MPTC Exam Questions And Answers Strip search is defined as? - correct answer ✅Last layer of clothing removed but may not be completely removed. Police would need what _______ to conduct a strip search - correct answer ✅Probable cause, that believed a person has concealed a weapon or evidence of the crime that would not be discovered during a normal standard search A visual body cavity search requires what? - correct answer ✅Probable cause - and no touching Manual body cavity search with some degree of touching requires? - correct answer ✅A Search warrant - with strong showing of particularized need supporting high degree of probable cause that contraband is hidden inside the cavity. Motor vehicle searches incident to arrest - correct answer ✅May be made only for the purposes of seizing fruits, instrumentalities, contraband and other evidence in order to prevent its destruction or concealment, and removing any weapons. Constitutional Law MPTC Exam Questions And Answers Emergency aid exception - correct answer ✅Police can enter a home if they believe a person inside is injured or is in imminent danger of physical harm. Community caretaker exception - correct answer ✅When the purpose of the police entry is not to gather evidence of criminal activity but rather, because of an emergency , to respond to an immediate need for assistance for the protection of life or property. Inventories - correct answer ✅Not investigative - to safeguard the owners property and protect police from accusations of theft. Officers must follow their department policy. Scope of inventory - correct answer ✅Taking notes of what is received and placing it in safe keeping. Person inventory - correct answer ✅Routine administrative step following arrest and preceding incarceration. Motor vehicle inventory - correct answer ✅Admin step not a search, minimize Constitutional Law MPTC Exam Questions And Answers claims of theft and protect police and public from dangerous items. Also must read department policy. Civil liability - correct answer ✅Potential responsibility for payment of damages or other court-imposed sanctions from a lawsuit. Can be filed for violating a persons constitutional rights. Common lawsuits on police officers are? - correct answer ✅False arrest, use of force, malicious prosecution, failure to stop unlawful actions of other officers, officers interfering with someone's constitutional rights i.e videotaping or freedom of speech.