Fourth Amendment - Answer- Protects against unreasonable search and seizure
Police intrusions - Answer- Non-investigatory encounters
No legal
... [Show More] 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 [Show Less]