65-25 Exam 5 Final Version

Question 1

Fraudulently Procuring Food or Accommodations for Credit 140 s 12

Answer 1

2 Types

Type 1: Procuring from a Hotel or Motel
Without paying, the suspect obtained food, entertainment, or accommodations from a hotel, motel, or other lodging house;
With the intent to cheat or defraud the owner (unless, at the time, the suspect had an express agreement for credit)

Type 2: Procuring from a Restaurant
Without paying, the suspect obtained food and/or beverage from a “common victualer” ( a licensed restaurant);
With the intent to cheat or defraud the owner.

Right of arrest: Misdemeanor arrestable as a breach of peace, in presence. Otherwise, complaint.

Question 2

Trespass after Notice 266 s 120

Answer 2

Elements
Without right. The suspect entered or remained without right;
Property of another. On or in the dwelling, building, boat, improved or enclosed land, wharf, or school bus of another;
Notice. Even though a person with lawful control had forbidden the suspect’s presence:
Directly; or
With a posted notice; or
Through a 209A, s 3 and 4, or 208 s 34B court order (order to vacate marital home).

Right of arrest: Misdemeanor arrestable in presence.

Question 3

The 5 ways that property owners communicate to the public the areas that are off limits:

Answer 3

1. Posted sign 2. Verbal ejection 3. Privacy precautions 4. No trespass notice 5. Court order

Question 4

Examples of privacy precautions

Answer 4

Examples include a fence, walls, locked gates, or doors.

Question 5

Defacing or Damaging Property 266 s 126A

Answer 5

Elements

Malicious or wanton. The suspect maliciously or wantonly;
Destroy or deface. Marked, injured, defaced, or destroyed;
Property of another. The real or personal property of another.

Right of arrest: Felony, regardless of value of damage

Question 6

Wanton destruction of property
266 s 127

Answer 6

Elements
The S injured or destroyed the personal property, dwelling house, or building of another;
The suspect did so wantonly

ROA Complaint

Question 7

Malicious destruction of property
266 s 127

Answer 7

Elements
The suspect injured or destroyed the personal property, dwelling house, or building of another;
The suspect did so willfully;
The suspect did so with malice;
The amount of damage inflicted to the property was more than $1200.

Right of Arrest Felony if value of property is over $1200. Complaint if value of the property is $1200 or less.

Question 8

What are the five classes of controlled substances?

Answer 8

Class A
Class B
Class C
Class D
Class E

Question 9

Examples of Class A drugs

Answer 9

Heroin
Ketamine
Fentanyl
Carfentanil

Question 10

Examples of Class B drugs

Answer 10

Cocaine
Methadone
Oxycontin
Percocet
MDMA (Ecstasy)
Methamphetamine
PCP (Angel Dust)

Question 11

Examples of Class C drugs

Answer 11

Valium
Synthetic marijuana
Psilocybin (Magic Mushrooms)
Bath salts

Question 12

Example of Class D drugs

Answer 12

Marijuana

Question 13

Example of Class E drugs

Answer 13

Prescription drugs not listed in any other class
Gabapentin

Question 14

Possession of Controlled Substances 94C s 34

Elements
Knowingly. The suspect knowingly;
Possessed. Possessed some perceptible amount of a controlled substance in any class, or more than 2 ounces of marijuana; and
Without lawful reason. The suspect did not have a valid prescription or other legal basis.

Answer 14

The right of arrest for possession of controlled substances is misdemeanor on probable cause.

Question 15

You place a person under arrest on a warrant. During the search incident to a lawful arrest, you find two small bags of crack cocaine from the suspect’s front pocket. In addition to the warrant, what will you charge the person with?

Answer 15

You will charge him with possession of Class B.

Question 16

The definition of distribution is…..

Answer 16

“To deliver other than by administering or dispensing a controlled substance.” Distribution is any non-medical delivery of drugs.

Important!! a. Delivering drugs is distribution even though no money is exchanged.

b. Sharing drugs is distribution except when the offenders either obtain the drugs together at the same time or “socially share” marijuana.

The right of arrest for distribution is:

Class A, B, and C FELONY

Class D and E Misdemeanor arrestable on PC

Question 17

The “plus factors” to prove possession with intent to distribute

Answer 17

1. Quantity (no minimum required)
2. Purity
3. Street value
4. Cash (how it is carried)
5. Packaging
6. Paraphernalia
7. Drug sales area
8. Presence of a firearm

Question 18

The right of arrest for possession with intent to distribute

Answer 18

Class A, B, and C FELONY

Class D and E Misdemeanor arrestable on PC

Question 18

Trafficking is defined as….

Answer 18

To knowingly and intentionally manufacture, cultivate, distribute, or dispense; OR to possess with intent to manufacture, cultivate, distribute, or dispense; OR carried into the Commonwealth; a specific amount or mixture of a controlled substance.

Remember: Trafficking is all about the weight!!

Question 19

Common trafficking weights include:

Answer 19

Marijuana 50 lbs or more
Cocaine 18 grams or more
Heroin 18 grams or more
Methamphetamine 18g or more
Fentanyl 10g or more
Carfentanil Any amount

Question 20

The right of arrest for trafficking is…..

Answer 20

Felony!!

Question 21

What are the two types of firearms licenses in Massachusetts?

Answer 21

LTC and FID

Question 22

The FID allows ………………………

The LTC allows………………………

Answer 22

possession of rifles or shotguns in public.

possession of rifles, shotguns, and handguns in public.

Question 23

Unlawful Possession of a Firearm/Rifle/Shotgun outside of Home or Business
269 s 10 (a)

Answer 23

The defendant:
knowingly possessed (outside home or business), or had under his control in a motor vehicle, a firearm (barrel < 16 in);
doesn’t have a valid license to possess the firearm outside of his home or office;
does not qualify for one of the statutory exemptions from the licensing requirements.

Right of arrest Felony

Question 24

Unlawful Possession of Firearm, Rifle, Shotgun, or Ammunition
269 S 10 (h)

Answer 24

Elements
The S possessed an item;
The item meets the legal definition of a firearm and/or ammunition; and
That the S knew they possessed the firearm; and
The S did not have a valid FID card or the S did not qualify for one of the exemptions in the law that are a substitute for having a valid FID card.

ROA (M) arrest on PC

Question 25

Unlawful Possession of a Loaded Firearm
269 S 10 (n)

**Suspect knowingly and unlawfully possessed a loaded firearm
**Adds additional jail time
**Defendant must know the firearm was loaded (SJC ruling)
**This is not a stand-alone charge. The S must be charged with a violation of 269 s 10(a) or (c), as well.

Answer 25

There is no statutory right of arrest. It is an additional charge to 269 s 10a or 10c (machine gun)

Question 26

For a typical firearm arrest, you will charge:

Answer 26

269 s 10 (a) Poss of FA w/o a license
269 s 10 (h) Poss of ammo w/o FID card
269 s 10 (n) Poss of loaded firearm

Question 27

Large capacity for firearm and rifle

Answer 27

More than 10 rounds

Question 28

Large capacity for shotgun

Answer 28

More than 5 rounds