MA Statewide Police Lieutenant Promotional Exam

Under MGL c. 265 §1, the element distinguishing first-degree from second-degree murder is:

• ADeliberate premeditation, extreme atrocity or cruelty, or felony-murder
• BUse of a firearm in any homicide
• CThe victim's age under 18
• DKilling during a domestic dispute

A subordinate officer's sworn report describes a multi-charge incident involving home invasion, ABDW, and witness intimidation. As lieutenant reviewing the charges, which statute pair correctly cites home invasion and witness intimidation?

• AMGL c. 265 §18C and MGL c. 268 §13B
• BMGL c. 266 §16 and MGL c. 268 §32
• CMGL c. 265 §15A and MGL c. 265 §43A
• DMGL c. 269 §10 and MGL c. 268 §6

Under MGL c. 265 §15A, assault and battery by means of a dangerous weapon (ABDW) becomes the aggravated felony version when:

• AThe victim is over 60 or pregnant, or substantial bodily injury results
• BThe weapon is loaded
• CThe incident occurs in a public place
• DThe defendant has any prior conviction

MGL c. 269 §10(a) requires what to convict of unlawful firearm possession outside the home or business?

• APossession of a firearm without a valid LTC and outside a residence or place of business
• BVisible possession only
• CPossession during the commission of any felony
• DLoaded condition only

Reviewing an OUI-Liquor arrest under MGL c. 90 §24, a lieutenant notes the officer did not offer a breath test. The lieutenant should advise the officer that:

• AFailure to offer a breath test does not invalidate the arrest if probable cause from obse…
• BThe arrest must be voided
• CThe breath test is mandatory at the scene
• DThe officer must obtain a warrant before any test

A subordinate seeks to charge larceny over $1,200 under MGL c. 266 §30. The single-larceny rule allows aggregation when:

• AMultiple takings result from a single scheme or continuous course of conduct
• BAny two thefts occur within 24 hours
• CThe victim is the same person
• DThe property is recovered together

Under MGL c. 209A, an abuse prevention order violation is a crime when the defendant:

• AHas been served (or has actual knowledge) and knowingly violates a term of the order
• BIs named in the order regardless of service
• CLives with the protected party
• DHas a prior 209A history

Trafficking in cocaine under MGL c. 94C §32E(b)(1) requires knowing possession with intent to distribute of at least how many grams?

• A18 grams
• B14 grams
• C28 grams
• D100 grams

A lieutenant reviews a B&E charge package. To charge B&E daytime with intent to commit a felony under MGL c. 266 §18, the report must establish:

• ABreaking, entering, daytime, with specific intent to commit a felony therein
• BForcible entry only
• CNighttime entry
• DUse of a tool

Strangulation or suffocation under MGL c. 265 §15D is:

• AA standalone felony separate from ABDW
• BPunished only as misdemeanor assault
• COnly chargeable in domestic relationships
• DCharged only when injury is permanent

Identity fraud under MGL c. 266 §37E requires:

• APosing as another or obtaining their PII with intent to defraud
• BAny unauthorized credit card use
• CPossession of another's wallet
• DUse of a fake ID at a bar

Civil rights violation under MGL c. 265 §37 (Massachusetts Civil Rights Act criminal counterpart) requires:

• AForce, threats, or intimidation to interfere with constitutional or statutory rights
• BHate speech alone
• CAny biased act
• DA protected-class victim only

Under MGL c. 269 §10G (Armed Career Criminal), the lieutenant must verify the file shows the defendant has:

• APrior qualifying violent crimes or serious drug offenses (1, 2, or 3 priors = escalating…
• BAny prior felony
• CPrior firearms convictions only
• DPrior incarceration in any state

Witness intimidation under MGL c. 268 §13B requires:

• AWillful act of threats, intimidation, harm, or misleading conduct toward a witness, juror…
• BAny contact with a witness
• CThreats made only in court
• DThreats by an attorney

Carrying a dangerous weapon under MGL c. 269 §10(b) categorically includes:

• ASwitchblades, daggers, ballistic knives, brass knuckles, and certain other listed weapons
• BAny pocketknife
• CAny baseball bat
• DMace and pepper spray

In reviewing an attempted armed robbery (MGL c. 274 §6 / c. 265 §17), the lieutenant should confirm the elements include:

• ASpecific intent plus an overt act beyond mere preparation
• BAny threat
• CPossession of a weapon alone
• DThe victim's loss of property

Reckless endangerment of a child under MGL c. 265 §13L requires the defendant to:

• AWantonly or recklessly engage in conduct creating substantial risk of serious bodily inju…
• BNegligently expose a child to risk
• CHave a custodial relationship
• DCause actual injury

Under MGL c. 94C §32J (school zone enhancement), the enhanced penalty applies when a drug distribution offense occurs within:

• A300 feet of a school between 5 a.m. and midnight, or within 100 feet of a public park or…
• B1,000 feet of any school always
• C500 feet of a school
• DAny educational facility regardless of hours

Resisting arrest under MGL c. 268 §32B requires proof that:

• AThe defendant knowingly used force or threatened violence, or created substantial risk of…
• BThe defendant merely walked away
• CThe arrest occurred on private property
• DThe defendant verbally disagreed

The lieutenant supervises a charge of A&B on a Public Employee under MGL c. 265 §13D. The enhanced statute applies when:

• AThe victim is a public employee performing their duties at the time
• BThe defendant has any prior
• CThe incident occurs in a government building
• DThe injury is documented

Under MGL c. 94G (adult-use cannabis), the lieutenant should advise officers that possession by an adult 21+ becomes a civil/criminal violation when:

• AOver 1 ounce on the person, or over 10 ounces at home (with anything over 1 oz at home re…
• BAny amount in a vehicle
• CAny quantity in public
• DAny amount near a school

In reviewing a kidnapping charge under MGL c. 265 §26, the lieutenant confirms the elements include:

• AWithout lawful authority forcibly or secretly confines or imprisons another within the Co…
• BAny unlawful restraint over 1 hour
• CRestraint for ransom only
• DAny transport across town lines

A lieutenant reviews charges for human trafficking under MGL c. 265 §50. The statute criminalizes:

• ATrafficking persons for sexual servitude or forced services, including recruiting, entici…
• BOnly commercial sex acts
• COnly labor trafficking
• DOnly trafficking minors

Reviewing a multi-charge arrest for OUI-Drugs, Negligent Operation, and Possession with Intent to Distribute, the lieutenant should ensure separate sufficient probable cause for each charge because:

• AEach offense has distinct elements; an aggregated narrative without per-element PC risks…
• BCharges naturally merge if related
• COnly the most serious charge needs PC
• DThe court will sort it out

In Commonwealth v. Long (487 Mass. 408, 2020), the SJC held that to establish a Fourth Amendment / art. 14 racial-profiling claim in a traffic stop, a defendant must:

• AProduce evidence raising a reasonable inference that the stop was motivated by race; the…
• BProve racial animus beyond a reasonable doubt
• CShow an explicit statement by the officer
• DDemonstrate department-wide patterns only

Under Commonwealth v. Mauricio (477 Mass. 588), a search of digital photographs from a seized camera incident to arrest requires:

• AA warrant supported by probable cause; the search-incident-to-arrest doctrine does not ex…
• BNo warrant if the camera is on the arrestee
• CConsent only
• DOnly inventory under policy