Criminal Law and Procedure
Domain focus
This section tests Massachusetts criminal procedure: stops, arrests, searches, Miranda, identification, bail, and use of force. The exam expects you to separate reasonable suspicion from probable cause and to articulate facts, not conclusions.
Core rules and concepts
- An investigative stop requires reasonable suspicion of criminal activity; an arrest requires probable cause. A stop is not an arrest merely because officers display authority.
- Custody for Miranda purposes turns on whether a reasonable person would feel free to leave. Miranda warnings are required before custodial interrogation by known police agents.
- A warrant is generally required to search a home. Recognized exceptions include consent, exigency, search incident to arrest, inventory, and plain view; each has limits.
- Consent must be voluntary and within the scope granted; it can be withdrawn. Plain view requires a lawful vantage point.
- Massachusetts allows a dangerousness hearing under G.L. c.276, §58A on the Commonwealth's motion; the standard is clear and convincing evidence that no conditions will reasonably assure safety.
- Use of force is judged by objective reasonableness under the totality of circumstances; the 2020 reform law added a duty to intervene and restrictions on chokeholds.
Worked example
Officers stop a car for a marked-lane violation. The driver has slurred speech, glassy eyes, and an odor of alcohol, admits drinking, and performs poorly on field sobriety tests. No breath test is obtained. Probable cause for OUI exists because the observed facts, taken together, support a fair probability of impairment. The lieutenant should ensure the report articulates each observation and the driver's statements, not merely the conclusion "impaired."
Traps that cost marks
- Confusing custody with being questioned; not every stationhouse conversation requires Miranda.
- Treating consent as unlimited or irrevocable.
- Searching a vehicle incident to arrest after the arrestee is secured and cannot reach the passenger compartment.
- Relying on a warrant that lacks particularity about place or items.