Legal Principles and Procedures in Criminal Investigations, Exams of Constitutional Law

Download Legal Principles and Procedures in Criminal Investigations and more Exams Constitutional Law in PDF only on Docsity! MPTC Lynnfield- Final Review (Legal Set) Questions and Answers Reasonable Suspicion 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. What are the two requirements for giving miranda warnings? 1. Custody 2. Interrogation Brainpower Miranda requires suspects to __________, ____________, and ___________ waive their rights pursuant to miranda knowingly, intelligently and voluntarily Probable cause trustworthy facts and circumstances sufficient to convince a person of reasonable caution to believe that it is more likely than not that: in the case of a search, a specific item subject to seizure will be found in the place to be searched. In the case of an arrest, a crime has been committed and the person to be arrested has committed it What do officers need to prove operation of a motor vehicle they must witness the person operating the motor vehicle first hand or possess other evidence that implies operation such as witness saying they saw the person operating the vehicle, person found behind the wheel of a car that just crashed... etc. Failed Inspection for safety equipment cannot be driven on a public way until the quipment is repaired. Inspections are issued stickers with a red "R" Failed inspection for emissions 60 days to repair motor vehicle (20 for motorcycle). Allows for continued operation. Inspections are issued stickers with a black "R" What are the two requirements for a consent search to be valid? It must be voluntary and clearly communicated. What is consent? when a person waives their 4th amendment rights for officers to search places where the person consenting has a reasonable expectation of privacy. What is the definition of "operating" a motor vehicle in regards to the law? a person is "operating" a motor vehicle whenever he or she is in the vehicle and intentionally manipulates some mechanical or electrical part of the vehicle which alone or in sequence, will set the vehicle in motion. Can you stop a vehicle for a seatbelt violation alone? No, another violation must occur to make the stop Can you stop a vehicle for a child restraint violation? Yes, as long as the child is <57" tall. What is circumstantial evidence? evidence based on inference and not on personal knowledge or observation. Best practices for chain of custody evidence 1. Date, time and location where evidence was seized 2. Name of officer who seized evidence 3. All dates and times evidence was received or transferred to another person 4. names of all people who came in contact with evidence 5. Full description of evidence for positive ID 3 Factors for doing a show-up 1. Nature of the crime involved and concerns for public safety 2. Need for efficient police investigation in immediate aftermath of a crime 3. Importance of prompt confirmation of the accuracy of investigatory information What is a jenkins hearing? Once an officer makes a warrantless arrest, if the defendant will not be brought to court for arraignment within 24 hours of the arrest, you must contact a judicial officer to evaluate the facts and make a determination that probable cause existed to make the arrest. What is considered "abuse" under 209A Law? the occurence of one or more of the following acts between family or household members attempting to cause or causing physical harm; placing another in fear of imminent serious physical harm; or causing another to engage involuntarily in sexual relations by force, threat or duress. Delinquent Child Between 12 and 18 who commits any offense against a law of the commonwealth; provided that such offense does not include the following: 1. a civil infraction 2. a violation of any municipal ordinance or town by-law; or 3. a "first offense misdemeanor" Stubborn Child Between 6 and 18 years old and repeatedly fails to obey the lawful and reasonable commands of a parent, legal guardian or custodian, therefore interfering with their ability to adequately care for and protect the child Public Way any street or highway open to the public and controlled and maintained by some level of government reckless in regard to intent A person is reckless if they, "knew, or should have known, that such actions were very likely to cause substantial harm to someone, but they ran that risk and went ahead anyway" willful in regard to intent "Voluntary and intentional, but not necessarily malicious" Voluntary Encounters Voluntary, non-criminal in nature, and not a seizure under the 4th amendment Protective Sweep limited, warrantless searches to conduct a cursory check of a premise for people only, not evidence Seizure (legal term) When police take possession of property, make an arrest, or restrict a person's ability to move freely Investigative Stop (Terry Stop) occurs when police are dispatched to a report of a crime or witness suspicious conduct. Officer must have reasonable suspicion based on specific and articulable facts that a crime has been, is being is about to be committed