Criminal Procedure training class- 12/8/2021 at the Foxboro Police Department

[Glen Mills]

Massachusetts Rules of Criminal Procedure and Powers of Arrest Seminar at the Foxboro Police Department

Instructor: Martin K. Stephens; Attorney at Law Massachusetts State Police-Retired of Commonwealth Police Legacy, Inc.

Wednesday: December 8, 2021

Registration will be at 8:15 a.m. and the seminar will run from 8:30 a.m.- 3:30 p.m.

The cost for this seminar will be $225.00 per official.

Please note: Each official will receive our 2021 Criminal Procedure textbook

To register by fax: Simply complete this form below and fax this page back to (508) 622-1820

or contact Paula Heagney at (508) 989-9848 or go to www.policelegacy.com to register

 

This course shall address and discuss the essential underpinnings of the Rules of Criminal Procedure so as to permit a police officer to be "lawfully situated" pertinent to any given situation. As such, this course is unconditionally necessary for all patrol officers and the supervisors who are required to oversee said officers. Accordingly; this course shall address and discuss materials including, but not necessarily limited to, the following:

* Powers of Arrest; Place where arrest is initiated (ramifications); When an arrest warrant is required

* Probable Cause to Arrest and/or Search; Definition(s); How to establish Probable Cause; Applicability of the Two-Prong Test; When there is a "Presumption" of reliability; How to establish reliability regarding information from an Informant (confidential)

* Anonymous Tip; Greater judicial scrutiny; How is "Reliability" satisfied; What evidentiary standard applies; What process must be applied regarding an "anonymous tip" pertinent to a firearm

* When must the police obtain an Arrest Warrant and/or Search Warrant to effectuate a "lawful" arrest

* Seizure of the person; Analysis of both "Custody" and "Arrest"

* Exceptions to the Requirement of a Search Warrant:

1. Stop and Frisk; Definition; Evidentiary standard; When may an officer "Stop" an individual; When may an officer "Frisk" an individual; Scope and Purpose of a lawful Frisk; Automobile "Frisk" (scope and Purpose) *We will discuss the difference between exit orders given to operator/occupant of a motor vehicle (based upon Officer Safety) vs. “Reasonable suspicion” to frisk the operator/occupant of Motor Vehicle
2. Search Incidental to a Lawful Arrest; Scope and Purpose
3. Automobile Exception; Requirements; Scope
4. Inventory; Now subject to much greater judicial scrutiny; Discussion of essential terminology and applicable written Department policy
5. Consent Search; Both 1st party and 3rd party consent; Mistake of law vs. Mistake of fact
6. Exigency/Emergency; What constitutes "exigency;" What is NOT "exigency" as a matter of law

* Plain View Doctrine; Requirements so as to permit the officer to legally seize evidence discovered/observed

* Miranda Warnings; Applicability of Miranda; Exceptions to the requirement of Miranda

 

Paula Heagney

 

Commonwealth Police Legacy, Inc.

Phone: 508-989-9848    Fax: 508-622-1820

 

www.policelegacy.com