MA POST cheat sheet

Felony/misdemeanor line in Massachusetts: an offense punishable by imprisonment in state prison is a felony; one punishable only by fine or house of correction/jail time is a misdemeanor (G.L. c. 274, § 1).

Arrest without a warrant requires probable cause plus statutory authority: an officer may arrest for any felony, for a misdemeanor committed in the officer's presence, or where a statute expressly grants arrest power (G.L. c. 276, § 28).

Felony arrest may be made without a warrant by an officer who has reasonable grounds to believe the person committed the felony, even if not in the officer's presence; a private citizen's arrest power is narrower.

G.L. c. 276, § 33A requires a person arrested without a warrant to be brought before a court as soon as reasonably possible; Rule 7 of the District/Municipal Rules of Criminal Procedure sets the arraignment standard.

Bail: G.L. c. 276, § 58 governs release; § 58A permits pretrial detention only where the Commonwealth proves dangerousness by clear and convincing evidence at a hearing.

Search incident to arrest: permissible scope is the arrestee's person and the area within the arrestee's immediate control; in a vehicle, that area is limited under Arizona v. Gant to where the arrestee could reach, absent evidentiary justification.

Massachusetts statutory exclusionary rule, G.L. c. 276, § 1, applies to evidence seized in an unreasonable search; Massachusetts provides no good-faith exception for reliance on a defective warrant (Commonwealth v. Upton line of cases).

Miranda custody triggers: an incommunicado station-house interrogation is custodial; roadside questioning during a routine traffic stop is generally non-custodial unless it becomes a formal arrest.

Fourth Amendment reasonableness: warrantless searches are per se unreasonable unless they fall within a recognized exception (search incident to arrest, exigency, consent, inventory, plain view, automobile).

Massachusetts art. 14 provides broader protection than the Fourth Amendment in several areas, including automatic standing to challenge a search of one's own home or vehicle and rejection of the good-faith exception.

Terry stop requires reasonable suspicion, specific and articulable facts; the frisk requires a separate reasonable belief the person is armed and dangerous.

Massachusetts does not recognize a freestanding 'stop and frisk' statute; firearms frisk authority flows from Terry and the officer-safety rationale, not from a general suspicion of weapons.

Fifth Amendment/Miranda: custody plus interrogation triggers warnings; spontaneous volunteered statements are admissible, and routine booking questions are outside Miranda.

Sixth Amendment right to counsel attaches at formal charging (arraignment/indictment); Massachusetts art. 12 provides parallel protection and is often applied more expansively.

Consent searches require voluntary consent given by a person with authority; Massachusetts requires that consent be knowing and voluntary, and the Commonwealth bears the burden of proof.

Equal protection and selective enforcement: a defendant may challenge a stop or arrest as the product of discriminatory enforcement, but Massachusetts procedural thresholds for such claims are strict.

Directed patrol: allocate visibility and enforcement to identified hot spots using crime analysis; measure outcomes against baseline calls-for-service and Part I crime rates.

Community policing core elements: community partnerships, organizational transformation, and problem solving (SARA: Scanning, Analysis, Response, Assessment).

Field interview stops should document time, location, persons, articulable basis, and disposition; record the basis for the stop contemporaneously to support later reasonable-suspicion findings.

High-visibility patrol reduces opportunity crime through guardianship; displacement should be measured because crime may move rather than disappear.

Radio discipline: prioritize emergency traffic, use clear text over codes where interoperability matters, and confirm receipt of critical broadcasts.

Business and residential security surveys: target hardening (lighting, locks, CPTED sightlines) is a documented, low-cost intervention with measurable follow-up.

Community engagement documentation should include the nature of contact (event, complaint, referral) so that outreach can be evaluated and defended if challenged.

Graham v. Connor objective reasonableness standard: evaluate the totality of circumstances from the perspective of a reasonable officer on the scene, without hindsight and allowing for split-second judgments.

Tennessee v. Garner: deadly force to prevent escape is unreasonable unless the officer has probable cause to believe the suspect poses a significant threat of death or serious physical injury to the officer or others.

Massachusetts G.L. c. 6, § 220 and the POST use-of-force standards require reporting and review of every use of force, including pointing a firearm at a person in some circumstances.

De-escalation: time, distance, cover, and communication are the primary tools; use them before resorting to force when feasible and when doing so does not create additional risk.

Force options continuum is descriptive, not prescriptive: officers may move directly to a higher level when the threat justifies it; each level must be objectively reasonable at the moment applied.

Duty to intervene: an officer who observes excessive force by another officer must intervene when in a position to do so and must report the conduct.

Post-force medical care: render aid and request EMS when a person shows signs of injury or complains of injury; document the aid provided.

Reportable force documentation should state the threat perceived, the force applied, the reason for the choice, and the outcome, using objective, observable language.

Chain of custody: each transfer of evidence records date, time, from/to, and purpose; breaks in the chain go to weight, not automatic inadmissibility, but must be documented.

Massachusetts drug evidence: field testing establishes probable cause; confirmatory laboratory analysis is required for trial, and certificates must satisfy confrontation-clause requirements.

Eyewitness identification: Massachusetts requires a double-blind, sequential procedure where practicable; showups require a contemporaneous record of the circumstances and any suggestiveness.

Interview vs. interrogation: interviews are non-custodial and information-gathering; interrogation is designed to elicit incriminating statements and triggers Miranda when custodial.

Case file completeness: offense report, supplemental narratives, photographs, BWC/dash footage, witness statements, lab requests, and property receipts, indexed and cross-referenced.

Search warrant affidavit must establish probable cause and the basis of knowledge and veracity of informants; stale information must be refreshed.

Preservation: request preservation of digital evidence (video, phone data) immediately; Massachusetts discovery rules (Rule 14) impose continuing disclosure obligations.

Massachusetts traffic stop is a seizure; reasonable suspicion of a civil motor vehicle infraction is sufficient, and the stop must be no longer than necessary to complete its purpose (Commonwealth v. Cordero).

Reasonable suspicion of impaired operation: erratic operation, moving violations, and observed indicia support a stop; the stop itself does not require probable cause.

OUI (G.L. c. 90, § 24): per se limit 0.08% BAC; for drivers under 21, 0.02% triggers a license suspension under the zero-tolerance statute.

Implied consent: refusing a breath test results in license suspension (180 days first offense) and the refusal may be used at trial in Massachusetts; the officer must give the statutory consent warning.

Field sobriety tests are voluntary; the officer must advise the driver of the right to refuse, and refusal may not be used as evidence of guilt.

Motor vehicle exception to the warrant requirement: probable cause to believe contraband is in the vehicle permits a search of compartments and containers that could contain the item sought.

Citations and criminal complaints: civil citations go to the RMV; criminal complaints require an application and clerk-magistrate hearing; document observations contemporaneously.

Report structure: who, what, when, where, why, how; chronological narrative in first person, past tense, active voice, with exact quotations for statements.

Distinguish observation from inference: state what was seen, heard, and done; label conclusions (e.g., 'appeared intoxicated' supported by specific observations such as slurred speech and odor).

Document the legal basis for each intrusion: the facts supporting reasonable suspicion or probable cause, the time of the stop, and the duration.

Use precise times, locations, names, and identifiers; avoid vague terms ('a while,' 'several') when a measurable value is available.

Supplemental reports should not contradict the primary; if facts change, document the correction and the reason.

Evidence and property: list each item, its condition, and its disposition; attach property receipts and lab requests by number.

Reports are discoverable and may be used to impeach; write every report as if it will be read aloud in court.

Brady v. Maryland: the prosecution must disclose exculpatory evidence; officers and agencies have an obligation to preserve and share such material with the prosecutor.

Giglio: impeachment material, including dishonesty findings, must be disclosed; false statements in reports can destroy a case and a career.

Massachusetts POST (G.L. c. 6, §§ 116-116I) certifies officers and can decertify for misconduct, including excessive force, bias, and dishonesty.

Civil liability: 42 U.S.C. § 1983 claims require action under color of law and a constitutional violation; qualified immunity protects officers unless the right was clearly established.

Massachusetts Tort Claims Act (G.L. c. 258) limits municipal liability and requires presentment; intentional torts are generally excluded.

Conflicts of interest, gratuities, and off-duty employment require disclosure and approval under departmental policy; document approvals in writing.

Use-of-force and pursuit policies are enforceable standards; violations may create administrative liability even where no constitutional claim exists.

Crisis intervention: use active listening, calm tone, reduced stimuli, and time; establish a rapport before attempting control.

Massachusetts G.L. c. 123, § 12(a): a police officer may authorize transport of a person to a facility for evaluation if there is reasonable belief the person is mentally ill and poses a likelihood of serious harm.

Section 12(a) standard: likelihood of serious harm means a substantial risk of physical harm to self or others, or a very substantial risk of impairment from refusal to care for oneself.

Section 35 (substance use) petitions are filed in court by police, family, or medical personnel; they are not the same as a § 12(a) transport.

Suicide risk factors: prior attempts, plan and means, recent loss, isolation, and access to firearms; ask directly about suicidal ideation.

Excited delirium/hyperactive delirium is a medical emergency: request EMS early, avoid prone restraint, and monitor breathing.

Documentation of a crisis response should include statements made, behaviors observed, time, disposition, and the statutory basis for any transport.

NIMS/ICS: the Incident Commander sets objectives; span of control is typically 3-7 subordinates, with 5 as the target.

Unified Command is used when multiple agencies have jurisdiction; each agency retains authority while sharing objectives.

Size-up: gather facts, consider probabilities, identify the problem, evaluate resources, and set a plan; communicate the plan to responding units.

Active threat: the first priority is to stop the threat; rescue task force models pair law enforcement with fire/EMS for warm-zone casualty care.

Massachusetts mutual aid and the Statewide Emergency Telecommunications/communications interoperability plans govern cross-agency radio use.

Scene management: establish inner and outer perimeters, command post, staging, and media area; log entry and exit of personnel.

After-action review should capture timeline, decisions, resource use, and lessons learned; document it in writing.

Felony/misdemeanor line in Massachusetts: an offense punishable by imprisonment in state prison is a felony; one punishable only by fine or house of correction/jail time is a misdemeanor (G.L. c. 274, § 1).

Arrest without a warrant requires probable cause plus statutory authority: an officer may arrest for any felony, for a misdemeanor committed in the officer's presence, or where a statute expressly grants arrest power (G.L. c. 276, § 28).

Felony arrest may be made without a warrant by an officer who has reasonable grounds to believe the person committed the felony, even if not in the officer's presence; a private citizen's arrest power is narrower.

G.L. c. 276, § 33A requires a person arrested without a warrant to be brought before a court as soon as reasonably possible; Rule 7 of the District/Municipal Rules of Criminal Procedure sets the arraignment standard.

Bail: G.L. c. 276, § 58 governs release; § 58A permits pretrial detention only where the Commonwealth proves dangerousness by clear and convincing evidence at a hearing.

Search incident to arrest: permissible scope is the arrestee's person and the area within the arrestee's immediate control; in a vehicle, that area is limited under Arizona v. Gant to where the arrestee could reach, absent evidentiary justification.

Massachusetts statutory exclusionary rule, G.L. c. 276, § 1, applies to evidence seized in an unreasonable search; Massachusetts provides no good-faith exception for reliance on a defective warrant (Commonwealth v. Upton line of cases).

Miranda custody triggers: an incommunicado station-house interrogation is custodial; roadside questioning during a routine traffic stop is generally non-custodial unless it becomes a formal arrest.

Fourth Amendment reasonableness: warrantless searches are per se unreasonable unless they fall within a recognized exception (search incident to arrest, exigency, consent, inventory, plain view, automobile).

Massachusetts art. 14 provides broader protection than the Fourth Amendment in several areas, including automatic standing to challenge a search of one's own home or vehicle and rejection of the good-faith exception.

Terry stop requires reasonable suspicion, specific and articulable facts; the frisk requires a separate reasonable belief the person is armed and dangerous.

Massachusetts does not recognize a freestanding 'stop and frisk' statute; firearms frisk authority flows from Terry and the officer-safety rationale, not from a general suspicion of weapons.

Fifth Amendment/Miranda: custody plus interrogation triggers warnings; spontaneous volunteered statements are admissible, and routine booking questions are outside Miranda.

Sixth Amendment right to counsel attaches at formal charging (arraignment/indictment); Massachusetts art. 12 provides parallel protection and is often applied more expansively.

Consent searches require voluntary consent given by a person with authority; Massachusetts requires that consent be knowing and voluntary, and the Commonwealth bears the burden of proof.

Equal protection and selective enforcement: a defendant may challenge a stop or arrest as the product of discriminatory enforcement, but Massachusetts procedural thresholds for such claims are strict.

Directed patrol: allocate visibility and enforcement to identified hot spots using crime analysis; measure outcomes against baseline calls-for-service and Part I crime rates.

Community policing core elements: community partnerships, organizational transformation, and problem solving (SARA: Scanning, Analysis, Response, Assessment).

Field interview stops should document time, location, persons, articulable basis, and disposition; record the basis for the stop contemporaneously to support later reasonable-suspicion findings.

High-visibility patrol reduces opportunity crime through guardianship; displacement should be measured because crime may move rather than disappear.

Radio discipline: prioritize emergency traffic, use clear text over codes where interoperability matters, and confirm receipt of critical broadcasts.

Business and residential security surveys: target hardening (lighting, locks, CPTED sightlines) is a documented, low-cost intervention with measurable follow-up.

Community engagement documentation should include the nature of contact (event, complaint, referral) so that outreach can be evaluated and defended if challenged.

Graham v. Connor objective reasonableness standard: evaluate the totality of circumstances from the perspective of a reasonable officer on the scene, without hindsight and allowing for split-second judgments.

Tennessee v. Garner: deadly force to prevent escape is unreasonable unless the officer has probable cause to believe the suspect poses a significant threat of death or serious physical injury to the officer or others.

Massachusetts G.L. c. 6, § 220 and the POST use-of-force standards require reporting and review of every use of force, including pointing a firearm at a person in some circumstances.

De-escalation: time, distance, cover, and communication are the primary tools; use them before resorting to force when feasible and when doing so does not create additional risk.

Force options continuum is descriptive, not prescriptive: officers may move directly to a higher level when the threat justifies it; each level must be objectively reasonable at the moment applied.

Duty to intervene: an officer who observes excessive force by another officer must intervene when in a position to do so and must report the conduct.

Post-force medical care: render aid and request EMS when a person shows signs of injury or complains of injury; document the aid provided.

Reportable force documentation should state the threat perceived, the force applied, the reason for the choice, and the outcome, using objective, observable language.

Chain of custody: each transfer of evidence records date, time, from/to, and purpose; breaks in the chain go to weight, not automatic inadmissibility, but must be documented.

Massachusetts drug evidence: field testing establishes probable cause; confirmatory laboratory analysis is required for trial, and certificates must satisfy confrontation-clause requirements.

Eyewitness identification: Massachusetts requires a double-blind, sequential procedure where practicable; showups require a contemporaneous record of the circumstances and any suggestiveness.

Interview vs. interrogation: interviews are non-custodial and information-gathering; interrogation is designed to elicit incriminating statements and triggers Miranda when custodial.

Case file completeness: offense report, supplemental narratives, photographs, BWC/dash footage, witness statements, lab requests, and property receipts, indexed and cross-referenced.

Search warrant affidavit must establish probable cause and the basis of knowledge and veracity of informants; stale information must be refreshed.

Preservation: request preservation of digital evidence (video, phone data) immediately; Massachusetts discovery rules (Rule 14) impose continuing disclosure obligations.

Massachusetts traffic stop is a seizure; reasonable suspicion of a civil motor vehicle infraction is sufficient, and the stop must be no longer than necessary to complete its purpose (Commonwealth v. Cordero).

Reasonable suspicion of impaired operation: erratic operation, moving violations, and observed indicia support a stop; the stop itself does not require probable cause.

OUI (G.L. c. 90, § 24): per se limit 0.08% BAC; for drivers under 21, 0.02% triggers a license suspension under the zero-tolerance statute.

Implied consent: refusing a breath test results in license suspension (180 days first offense) and the refusal may be used at trial in Massachusetts; the officer must give the statutory consent warning.

Field sobriety tests are voluntary; the officer must advise the driver of the right to refuse, and refusal may not be used as evidence of guilt.

Motor vehicle exception to the warrant requirement: probable cause to believe contraband is in the vehicle permits a search of compartments and containers that could contain the item sought.

Citations and criminal complaints: civil citations go to the RMV; criminal complaints require an application and clerk-magistrate hearing; document observations contemporaneously.

Report structure: who, what, when, where, why, how; chronological narrative in first person, past tense, active voice, with exact quotations for statements.

Distinguish observation from inference: state what was seen, heard, and done; label conclusions (e.g., 'appeared intoxicated' supported by specific observations such as slurred speech and odor).

Document the legal basis for each intrusion: the facts supporting reasonable suspicion or probable cause, the time of the stop, and the duration.

Use precise times, locations, names, and identifiers; avoid vague terms ('a while,' 'several') when a measurable value is available.

Supplemental reports should not contradict the primary; if facts change, document the correction and the reason.

Evidence and property: list each item, its condition, and its disposition; attach property receipts and lab requests by number.

Reports are discoverable and may be used to impeach; write every report as if it will be read aloud in court.

Brady v. Maryland: the prosecution must disclose exculpatory evidence; officers and agencies have an obligation to preserve and share such material with the prosecutor.

Giglio: impeachment material, including dishonesty findings, must be disclosed; false statements in reports can destroy a case and a career.

Massachusetts POST (G.L. c. 6, §§ 116-116I) certifies officers and can decertify for misconduct, including excessive force, bias, and dishonesty.

Civil liability: 42 U.S.C. § 1983 claims require action under color of law and a constitutional violation; qualified immunity protects officers unless the right was clearly established.

Massachusetts Tort Claims Act (G.L. c. 258) limits municipal liability and requires presentment; intentional torts are generally excluded.

Conflicts of interest, gratuities, and off-duty employment require disclosure and approval under departmental policy; document approvals in writing.

Use-of-force and pursuit policies are enforceable standards; violations may create administrative liability even where no constitutional claim exists.

Crisis intervention: use active listening, calm tone, reduced stimuli, and time; establish a rapport before attempting control.

Massachusetts G.L. c. 123, § 12(a): a police officer may authorize transport of a person to a facility for evaluation if there is reasonable belief the person is mentally ill and poses a likelihood of serious harm.

Section 12(a) standard: likelihood of serious harm means a substantial risk of physical harm to self or others, or a very substantial risk of impairment from refusal to care for oneself.

Section 35 (substance use) petitions are filed in court by police, family, or medical personnel; they are not the same as a § 12(a) transport.

Suicide risk factors: prior attempts, plan and means, recent loss, isolation, and access to firearms; ask directly about suicidal ideation.

Excited delirium/hyperactive delirium is a medical emergency: request EMS early, avoid prone restraint, and monitor breathing.

Documentation of a crisis response should include statements made, behaviors observed, time, disposition, and the statutory basis for any transport.

NIMS/ICS: the Incident Commander sets objectives; span of control is typically 3-7 subordinates, with 5 as the target.

Unified Command is used when multiple agencies have jurisdiction; each agency retains authority while sharing objectives.

Size-up: gather facts, consider probabilities, identify the problem, evaluate resources, and set a plan; communicate the plan to responding units.

Active threat: the first priority is to stop the threat; rescue task force models pair law enforcement with fire/EMS for warm-zone casualty care.

Massachusetts mutual aid and the Statewide Emergency Telecommunications/communications interoperability plans govern cross-agency radio use.

Scene management: establish inner and outer perimeters, command post, staging, and media area; log entry and exit of personnel.

After-action review should capture timeline, decisions, resource use, and lessons learned; document it in writing.