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MPTC LYNNFIELD- FINAL REVIEW (LEGAL SET) EXAM QUESTIONS AND ANSWERS -18
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MPTC LYNNFIELD- FINAL REVIEW (LEGAL SET) EXAM QUESTIONS AND ANSWERS -18
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MPTC LYNNFIELD- FINAL REVIEW (LEGAL SET) EXAM QUESTIONS ANDANSWERS #18
1. 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.
2. What are the two requirements for giving miranda warnings?: 1. Custody
2. Interrogation
3. Miranda requires suspects to , , and
waive their rights pursuant to miranda: knowingly, intelligently and voluntarily
4. 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
5. 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.
6. 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"
7. Failed inspection for emissions: 60 days to repair motor vehicle (20 for motor- cycle). Allows
for continued operation. Inspections are issued stickers with a black "R"
8. What are the two requirements for a consent search to be valid?: It must be voluntary and clearly
communicated.
9. 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.
10.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.
11.Can you stop a vehicle for a seatbelt violation alone?: No, another violation must occur to
make the stop
12.Can you stop a vehicle for a child restraint violation?: Yes, as long as the child is <57" tall.
13.What is circumstantial evidence?: evidence based on inference and not on personal
knowledge or observation.
14.Best practices for chain of custody evidence: 1. Date, time and location where evidence
was seized
2. Name of officer who seized evidence
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, MPTC LYNNFIELD- FINAL REVIEW (LEGAL SET) EXAM QUESTIONS AND
ANSWERS #18
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
15. 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
16.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.
17.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.
18.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"
19.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
20.Public Way: any street or highway open to the public and controlled and main- tained by
some level of government
21.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"
22.willful in regard to intent: "Voluntary and intentional, but not necessarily mali- cious"
23.Voluntary Encounters: Voluntary, non-criminal in nature, and not a seizure under the 4th
amendment
24.Protective Sweep: limited, warrantless searches to conduct a cursory check of a premise for
people only, not evidence
25.Seizure (legal term): When police take possession of property, make an arrest, or restrict a
person's ability to move freely
26.Investigative Stop (Terry Stop): occurs when police are dispatched to a report of a crime or
witness suspicious conduct. Officer must have reasonable suspicion
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