MPTC CONSTITUTIONAL LAW
(SCENARIOS)
What action can an officer take if they have a "hunch"
Voluntary encounter
If an officer conducts a motor vehicle stop, has reasonable suspicion, and is in
fear of their safety can they conduct an exit order?
Yes. As long as the officer can articulate why he or she did what a they did
Amesbury police officer Silvia is working the day shift when he sees a woman
walking around in the stop and shop parking lot. Officer Silvia has a hunch that
the woman is a suspect wanted for several car break ins in the area. Officer Silvia
walks up to the woman and says "Hi. I'm officer Silvia with Amesbury police.
Would you mind talking to me for a minute? You are not in any trouble or
anything". The woman stops walking and said her name "Christina Turco."
Was the interaction considered a voluntary encounter?
Yes. Officer Silvia had a hunch and can freely talk to people. Officer Silvia was did not
restrict the woman's movement and was not seized at the time.
While patrolling the downtown area on a bicycle, Officer Armstrong witnessed a
man grab and take a purse from a woman who had just walked out of a bank. The
man sees the officer and runs away. Officer Armstrong says "Police! Stop!" And
calls for back up
Was the man seized who stole the purse seized?
Yes because the officer gave commands for the suspect to stop. Showed authority
Everett police officer Pelletier was on patrol at 1am and has worked the same
shift in the same area for 5 years. Officer Pelletier sees John Steves looking into a
vacant car into a restaurant. Officer Pelletier knows that John has been arrested
in the past for breaking into cars. John starts running once he sees officer
Pelletier's patrol car.
Can Officer Pelletier conduct an investigatory stop?
Yes because it is at night and officer Pelletier experience. Suspects reaction to police
presence and officer Pelletier observations
Officer smith stops a car for speeding. When speaking with the driver, ofc smith
notices that the operator appears overly nervous. While writing the citation, ofc
smith notices the driver and passengers pass something back and forth. After the
passenger slouches over and is not in sight anymore, Ofc smith calls for back up.
Can ofc smith execute an exit order?
Yes. The movements of the individuals and the ofc was in fear for their safety
Officer Watson responds to investigate an armed robbery. Officer Watson and a
back up ofc lawfully stops a man who matches their description. During the stop,
(SCENARIOS)
What action can an officer take if they have a "hunch"
Voluntary encounter
If an officer conducts a motor vehicle stop, has reasonable suspicion, and is in
fear of their safety can they conduct an exit order?
Yes. As long as the officer can articulate why he or she did what a they did
Amesbury police officer Silvia is working the day shift when he sees a woman
walking around in the stop and shop parking lot. Officer Silvia has a hunch that
the woman is a suspect wanted for several car break ins in the area. Officer Silvia
walks up to the woman and says "Hi. I'm officer Silvia with Amesbury police.
Would you mind talking to me for a minute? You are not in any trouble or
anything". The woman stops walking and said her name "Christina Turco."
Was the interaction considered a voluntary encounter?
Yes. Officer Silvia had a hunch and can freely talk to people. Officer Silvia was did not
restrict the woman's movement and was not seized at the time.
While patrolling the downtown area on a bicycle, Officer Armstrong witnessed a
man grab and take a purse from a woman who had just walked out of a bank. The
man sees the officer and runs away. Officer Armstrong says "Police! Stop!" And
calls for back up
Was the man seized who stole the purse seized?
Yes because the officer gave commands for the suspect to stop. Showed authority
Everett police officer Pelletier was on patrol at 1am and has worked the same
shift in the same area for 5 years. Officer Pelletier sees John Steves looking into a
vacant car into a restaurant. Officer Pelletier knows that John has been arrested
in the past for breaking into cars. John starts running once he sees officer
Pelletier's patrol car.
Can Officer Pelletier conduct an investigatory stop?
Yes because it is at night and officer Pelletier experience. Suspects reaction to police
presence and officer Pelletier observations
Officer smith stops a car for speeding. When speaking with the driver, ofc smith
notices that the operator appears overly nervous. While writing the citation, ofc
smith notices the driver and passengers pass something back and forth. After the
passenger slouches over and is not in sight anymore, Ofc smith calls for back up.
Can ofc smith execute an exit order?
Yes. The movements of the individuals and the ofc was in fear for their safety
Officer Watson responds to investigate an armed robbery. Officer Watson and a
back up ofc lawfully stops a man who matches their description. During the stop,
