MPTC MV Law Exam with complete solution

Fourth Amendment - Answer- Protects against unreasonable search and seizure Police intrusions - Answer- Non-investigatory encounters No legal justification required 4 types of police intrusions - Answer- Administrative stop Investigative Stop Investigative Frisk or Pat Down for Weapons Arrest or Evidentiary Searches of Persons or Things Delaware v. Prouse - Answer- Premises behind MV stopping protocol OUI roadblock - Answer- For a motor vehicle to be stopped: - must not be arbitrary; - safety must be assured; - motorists inconvenience must be minimized; and - assurance must be given that the procedure is being conducted persuant to a plan devised by law Enforcement supervisory personal Blue lights - Answer- A stop begins when these lights are activated ... Exit Orders - Answer- When justified to stop a vehicle, officers may ask occupants to exit the vehicle for their safety; Must be given first before any action in the threshold inquiry Frisk of the MV - Answer- Police must have justification in order to perform Does not automatically extend to the entire passenger areas Grabbing Area - Answer- Console Glove compartment Under the seat The occupants themselves Consent to search a MV - Answer- If given, neither a warrant or probable cause needs to exist; Must be given to the police freely, intelligently, and voluntarily Search incident to an arrest - Answer- Does not require probable cause Search for evidence related to the crime or weapons As long as probable cause for the arrest exists, this search is permissible Automobile Exception - Answer- Probable cause to believe that contraband or evidence of a crime will be found in the vehicle. 3 step analysis: 1) MV stopped on public way 2) parked on public way 3) found in a place where the public has access Exigency - Answer- urgent matter; pressing need Inherent mobility of a MV Police can eliminate by waiting MV Inventory - Answer- Administrative Function; Interests: 1) protect vehicle 2) protect police & tow company 3) protection of the public from dangerous items search accessible locations document items in vehicle mark items that are locked as just "locked ____" must be done according to guidelines in the policy and not at the discretion of the officer MV Enforcement options - Answer- Verbal Warning Written Warning Civil Motor Vehicle Infraction Criminal Motor Vehicle Infraction Mixed CMVI and Criminal Offense Arrest Verbal warning - Answer- no citation; no consequence written warning - Answer- no consequences, but documented on a citation Civil Motor Vehicle Infraction - Answer- CMVI; Draws a fine, known as a scheduled assessment determined by the registrar and District Court Officers must add $5 to every Chapter 89 and 90 fine Criminal MV Infraction - Answer- Processed through court, not the RMV The citation serves as the applicator for a complaint Mixed CMVI and Criminal offenses - Answer- If the offender included a CMVI and criminal violation on the same citation, the citation is processed through the courts The standard of proof is preponderance of the evidence; a magistrate decides the case, even if the other criminal matters are heard by a jury A jury never rules on whether a violator is responsible for a CMVI Arrest - Answer- Processed through the court, like a criminal complaint ROA: warrantless - - any felony on probably cause - misdemeanors in officers presence arrest on probable cause arrest in presence (ULIARS) acronym ULIARS - Answer- Under the influence License, operating without Injury or death, leaving the scene after causing Authority, use without Refuse to stop, or provide license and registration Suspended license, operating after In presence - Answer- For arrest purposes, the officers are able to see the offense occurring MV Citation Authority - Answer- Municipal, State and MBTA Special State Police Officers Deputy Sheriffs Campus police officers EXCEPT private campus police officers Citations - Answer- When issued, officers must retain a copy Officers may combine citation types Statute of limitations for criminal vehicle offenses - Answer- 6 years Audit sheets - Answer- All citations must be recorded on these sheets Unlawful disposal - Answer- "It shall be unlawful and official misconduct to dispose of a citation or copies thereof, or of the record of the issuance of same in a manner other than required by Chapter 90C" Elements: - knowledge - falsify or destroy or attempt - citation or record - unlawful manner Penalty: - HC NMT 1 year or $500 fine ROA: - citation & complaint application EOPSS - Answer- Executive Office of Public Safety Means of Service of a Citation - Answer- "In hand" or direct service Service to an agent Mailing the citation Manner of Service of a Citation - Answer- Certify Service Request that violator of agent sign Provide envelope with CMVI citation Moving Violations - Answer- Motor Vehicle Operation Public Way or Public Access Massachusetts Resident Motor Vehicle Violations - Answer- Motorist NEVER ISSued license or learner's permit Motorist has EXPIRED license or permit Motorist has improper CLASSIFICATION Motorist operating in violation of license or permit RESTRICTION JOL LEARNERS PERMIT operator (LPO) NOT ACCOMPANIED by motorist LPO driving between 12:00AM and 5:00 AM CDL operator lacks proper endorsements License Classifications - Answer- Under 540 CMR, licenses are classified according to the type of vehicle that the license holder may drive Class A Class B Class C Class D Class M Commercial Drivers License (CDL) - Answer- Classes A, B and Care used no all states Regular Motorists - Answer- Classes D and M are not CDLs Junior Operator's License (JOL) - Answer- Has a valid license and is under 18 years old Restrictions: 1) no passengers in certain situations 2) no driving during early morning hours 3) no operation of a vehicle requiring a CDL Passenger Restriction: - No operation with a passenger(s) under 18 within 6 months of receiving JOL Hours Restriction: - No driving between 12:30 am and 5:00 am for the length of the JOL period CDL Endorsements - Answer- Code H: Hazardous Materials Code N: Tank Vehicles Code P: Passenger Transport Code T: Doubles/Triples Code X: Hazardous Materials and Tank Vehicles Failure to Report Name or Address Change - Answer- Elements: - license, permit, or registration holder - failed to notify RMV within 30 days Failure to stop or obey a police officer - Answer- Elements: - operating or in charge of vehicle -uniformed or conspicuous officer - failure to stop and obey refused name and address false name and address refused to stop refused license and registration refused sign name refused surrender license, registration or played refused surrender license in court ROA: warrantless arrest in presence regardless of whether the offense occurs on a public way