MPTC Lynnfield- Final Review (Legal Set)
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
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.
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