64-24 Level 1 Re-Take M 5/20

Question 1

What is the statutory right of arrest for assault?

Answer 1

It is a misdemeanor, arrestable in presence, breach of peace

Question 2

A man throws a punch at another man. The punch misses. The victim then calls 911. What is the strongest action you can take as the responding officer?

Answer 2

You have no right of arrest, because the assault did not take place in your presence. Your strongest action is a complaint/summons.

Question 3

You, a police officer, are working and observe a man throw a punch at another man. The punch misses. What is the strongest action you can take?

Answer 3

Arrest the suspect for assault, which is arrestable in your presence as a breach of the peace.

Question 4

What is the statutory right of arrest for assault and battery on a pregnant female?

Answer 4

Felony

Question 5

What is the statutory right of arrest for assault and battery on a public employee?

Answer 5

It is a misdemeanor, arrestable in presence, breach of peace

Question 6

How is a threat to commit a crime different from an assault?

Answer 6

Threat to commit a crime is words, either verbal or written. An assault is a threat accompanied by an overt gesture putting a person in fear of a battery. Remember, a battery is “touching a person in a harmful or unpermitted way.”

Question 7

Is any part of the human body a dangerous weapon?

Answer 7

NO!

Question 8

A suspect picks up a knife and threatens to stab the victim. What crime is this? Misdemeanor or felony?

Answer 8

It is assault by means dangerous weapon, to wit knife. It is a felony

Question 9

A suspect picks up a knife and threatens to stab the victim. He then holds the knife against the victim’s neck. What crime is this? Misdemeanor or felony?

Answer 9

It is assault and battery by means dangerous weapon, to wit knife. It is a felony. It is ABDW because the knife actually touched the victim.

Question 10

All breakings and enterings are felonies, except one. Which one is it? What is its right of arrest?

Answer 10

Breaking and entering with intent to commit a misdemeanor. It is a misdemeanor arrestable as a breach of peace, in presence.

Question 11

What are the first four elements of burglary?

Answer 11

Breaking
Entering
Dwelling house
Nighttime

Question 12

“Breaking” is defined as…..

Answer 12

“physically engaging in any act designed to enter.”

Question 13

Examples of “breaking”

Answer 13

Breaking a window; forcing open a door; removing a plank from a wall; opening an unlocked door or window.

Question 14

Is going through an open door considered a “break”?

Answer 14

No. It is an “entry”

Question 15

For burglary, “nighttime” is defined as….

Answer 15

One hour after sunset and one hour before sunrise the next day.

Question 16

Burglarious tools

Answer 16

Man-made; may be an ordinary tool not necessarily designed for crime. Gloves are not burglarious tools; rocks are not burglarious tools.

Question 17

What’s the right of arrest for threat to commit a crime?

Answer 17

Complaint only

Question 18

Remember! S has to have specific intent to commit a separate felony

Entry. The suspect entered a dwelling;
Armed. While armed; and
Assault. Committed an assault on someone in the dwelling; and
Intend felony. Had the specific intent, accompanying the assault, to commit a separate felony.

Answer 18

Armed assault in a dwelling house

Question 19

Statutory right of arrest for larceny from a building?

Answer 19

Felony, regardless of the value of the object.

Question 20

Unarmed assault with intent to rob or steal

Answer 20

Whoever:
Not being armed with a dangerous weapon;
**Assaults another with force and violence;
With intent to rob or steal.

ROA Felony

This charge is used for the S who assaults a V with intent to rob or steal, but does not complete the crime.

Question 21

When is shoplifting completed?

Answer 21

When the merchandise is concealed?

Question 22

When does larceny become a felony?

Answer 22

If the value of the property is over $1200; or it is a trade secret; or it is a firearm.

Question 23

What is the definition of “asportation” as it relates to shoplifting?

Answer 23

It means “to take and carry away.”

Question 24

Mayhem

Answer 24

The suspect maliciously intended to maim or disfigure; AND
Committed one of the following acts to the victim:

Cut out or maimed the tongue;
Put out or destroyed an eye;
Cut or tore off an ear;
Cut, slit, or mutilated the nose or lip; OR
Cut off or disabled a limb or member of the victim

ROA Felony

Remember: Specific intent crime!!!

Question 25

What is the statutory right of arrest for basic shoplifting?

Answer 25

It is a misdemeanor arrestable on probable cause.

Question 26

What is the right of arrest for the offense of identity fraud?

Answer 26

It is a misdemeanor arrestable on probable cause.

Question 27

What is a “shod foot” and when is it considered a dangerous weapon?

Answer 27

A shod foot is a foot with a shoe on it. It is considered a dangerous weapon if it is capable of causing greater injury than an unshod (bare) foot.

Question 28

How does B&E daytime differ from Aggravated B&E daytime?

Answer 28

With aggravated B&E daytime, any person lawfully inside is “put in fear.”

Question 29

Attempted larceny by check

Answer 29

The suspect-with intent to defraud-wrote, cashed, or uttered, any check or order for payment;

To a bank or other financial institution;

With the knowledge that there were insufficient funds.

Right of arrest Complaint only

Question 30

Actual larceny by check

Answer 30

The suspect-with intent to defraud-wrote, cashed, or uttered, any check or order for payment;

To a bank or other financial institution;

With the knowledge that there were insufficient funds.

Right of arrest $250 and under…..Complaint
Over $250….(M) arrest on probable cause
$1200 and more……Felony

Question 31

Give two examples of the crime of assault.

Answer 31

1. Throwing a punch at someone and missing
2. Threatening someone and using a threatening gesture to put the victim in fear of a battery

Question 32

Unarmed robbery

Answer 32

Force or fear. The suspect by force or fear;

Theft from person. Took money or property from victim or the victim’s immediate control.

Right of arrest
**FELONY **

Question 33

Armed robbery

Answer 33

Weapon. The suspect was armed with a dangerous weapon when he;

Force or fear. By force or fear;

Theft from person. Took money or property from the victim or the victim’s immediate control.

Right of arrest: Felony

Question 34

Receiving stolen property

Answer 34

Stolen or fraudulently obtained. The suspect possessed property that was originally stolen, embezzled, or obtained by fraudulently pretending to be a legitimate business;
Knowledge. The suspect knew that the property was stolen or fraudulently obtained; and
**Possession. **The suspect bought, received, possessed, or aided in its concealment.

Rights of arrest

If value of goods received over $250 or 2nd offense regardless of value: Warrantless arrest on probable cause (M)

If value of goods $250 or less: Complaint and confiscate stolen property (M)

If 2nd or subsequent offense, regardless of value, or the value of the property is more than $1200 (Felony).

Question 35

The rights of arrest for larceny

Answer 35

If the suspect steals property valued in excess of $250: Warrantless arrest on PC (misdemeanor)

If the value of property stolen was valued at over $1200, or a firearm, or trade secret, then it’s a felony.

If the suspect steals property valued at $250 or less: Warrantless arrest in presence (Misdemeanor). Otherwise, complaint.

Any time a police officer witnesses a theft, warrantless statutory arrest powers apply (misdemeanor, in presence).

NOTES
If victim is 60 or older, or disabled, and if value of property is over $250 Felony

If victim is 60 or older and value of property is $250 or less Misdemeanor

Question 36

Another word for larceny is…..

Answer 36

stealing.

Question 37

When does larceny become a felony?

Answer 37

If the value of property stolen was valued at over $1200, or a firearm, or trade secret.

Question 38

What age is required to be an “elder” when speaking of assault and battery on an elder?

Answer 38

60 and older

Question 39

Stalking and criminal harassment are identical charges, except stalking involves a………

Answer 39

threat.

Question 40

For the crimes of criminal harassment (Misdemeanor arrestable on probable cause) and stalking (felony), how many separate incidents are required?

Answer 40

3

Question 41

What is the definition of serious bodily injury?

Answer 41

It is defined as “bodily injury that results in: (a) a permanent disfigurement; (b) loss or impairment of a bodily function, limb, or organ; or (c) a substantial risk of death.”

Question 42

What is the statutory right of arrest for assault and battery, serious bodily injury?

Answer 42

Felony

Question 43

Burglary

Answer 43

Suspect breaks and enters a dwelling house in the nighttime and is unarmed and puts no one in fear.