65-25 Exam 6 Final Version

Question 1

Know ROA and body parts

Indecent Exposure 272 s 53

ELEMENTS
Intentional. The suspect intentionally;
Expose genitals. Exposed his or her genitals to one or more persons; and
Cause offense. At least one person was offended by the exposure.

Answer 1

Right of Arrest Warrantless arrest in presence in public. Complaint, in private.

Notes

The indecent exposure does not have to occur in a public place. Public breastfeeding is not indecent exposure.

Indecent exposure is limited to exposure of the genitalia and not to exposure of the genital area, pubic hair, buttocks, or female breasts.

Question 2

Know ROA and body parts

Open and Gross Lewdness 272 s 16

ELEMENTS 10-7
Intentional. The suspect intentionally;
Expose genitals, breasts, or buttocks. Exposed his or her genitals, buttocks or female breasts to one or more persons; and
Public. The public did so “openly” by either:
Intending public exposure; or
Recklessly disregarding a substantial risk of

a. public exposure to others who might be offended by the suspect’s conduct;

Alarm or shock. The suspect’s act was done in such a way as to produce alarm or shock; and
Person affected. One or more persons were, in fact, alarmed or shocked by the suspect’s exposure.

Answer 2

Right of arrest Felony

Question 3

Know O&G is IE in front of children

Open and gross lewdness is different from indecent exposure in four ways:

Answer 3

Open and gross lewdness is a:

1. Felony
2. Exposure must be done publicly
3. Exposure may involve buttocks, not just genitals or breasts
4. Onlooker(s) must experience “alarm or shock.”

NOTES
Genitals, buttocks, or female breasts must be visibly exposed.

See-through clothing is sufficient.

Important!! Open and gross is primarily applied to indecent exposure in front of children.

**An “alarming or shocking” reaction must occur

A 911 call indicates that the victim was shocked or alarmed.

In a similar way, an expression of “disgust” followed by a report to someone (or being “too shocked” to report).

Question 4

This charge must have sexual overtones. Know ROA

Annoying or accosting persons
272 s 53

Elements
The S must direct an offensive act or language at the victim:

The V must be aware of the S’s actions;

A reasonable person would find the behavior or language sexually offensive - which means that it violated contemporary standards of decency and causes real displeasure, anger, or resentment;

Without legitimate purpose, the behavior or language involved either:
* fighting or violence;

• creating a hazardous condition;
• something physically offensive that amounted to an invasion of privacy; or
• threats that would make a reasonable person fearful, including inappropriate sexually explicit language.

ROA (M) In presence in public

Answer 4

ROA (M) In presence in public

Notes

Sexually explicit language by a S may be inherently threatening when directed at particular people in settings where such language is inappropriate and likely to cause severe distress.

For this crime, the behavior must have sexual overtones.

Question 5

Know ROA

Sexual Conduct for a Fee 272 s 53A

Elements

The suspect:

Customer. Paid, offered, or agreed to pay another to engage in sexual conduct; or

Prostitute. Engaged, offered, or agreed to engage in sexual conduct with another person for a fee.

Note: Sex act does not have to occur.

Answer 5

Right of arrest Misdemeanor. Warrantless arrest in presence.

Question 6

Know ROA

Improper Storage of a Large Capacity Gun

Answer 6

Right of arrest Felony

Question 7

Know the amounts

Large capacity firearm or rifle is……

Answer 7

Defined as “semi-automatic and capable of accepting any detachable large capacity feeding device; or
That employs a rotating cylinder capable of accepting more than 10 rounds.

Question 8

Know the amounts

Large capacity shotgun is….

Answer 8

Defined as “semi-automatic and capable of accepting any detachable large capacity feeding device; or
That employs a rotating cylinder capable of accepting more than 5 shotgun shells.”

Question 9

Know ROA

Improper Storage of Any Gun if Someone under 18 Has Potential Access

Answer 9

Right of arrest Felony

Question 10

Know ROA

Improper Storage of Non-Large Capacity Gun or Any Stun Gun

Answer 10

Right of arrest Misdemeanor. Confiscate and complaint.

Question 11

Be able to explain the idea of control

When it comes to improper storage charges, officers must determine whether the firearm was under the offender’s control. How do you determine this?

Answer 11

Take note of: the firearm’s location; its proximity to the authorized user or owner; and that person’s ability to immediately reach the firearm.

Question 12

How does an officer determine whether a weapon is kept in a “secure container”?

Answer 12

A secure container must be capable of being unlocked only by means of a key, combination, or other similar means.

Question 13

Know ROA

Carrying Loaded Firearm while Under the Influence
269 s 10 (H)

The right of arrest is misdemeanor, breach of peace, in presence. Otherwise, complaint.

Answer 13

Elements

The defendant, having an LTC, carries on his person, or has under control in a vehicle, a loaded firearm;

While under the influence of intoxicating liquor or marijuana, narcotic drugs, depressants or stimulants, or from smelling/inhaling fumes of any substance, etc

Question 14

Know this!!!

What are the three main charges for a typical firearm arrest?

Answer 14

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 15

Know ROA and citizens have right to record police..ppl can’t interfere

Unlawful Secret Recording
272 s 99C

Type 1: Unlawful secret recording

Though not authorized, the S willfully recorded (or attempted to intercept) oral communication (installing a device with intent to obtain unauthorized interception is a violation, too)

Answer 15

The right of arrest for this is a FELONY

NOTES

Private citizens may not secretly record any other private citizens

BUT……………Private citizens may secretly or openly record police officers on duty, as long as they do not interfere with police operations

Secret: Permissible for citizens to secretly record police during a traffic stop or other on-duty activity in public. The Constitution does not permit a ban on secret information-gathering directed at police in the public performance of their duties.

Open: Case is Glik v Cunniffe (2011). Glik was using his cell phone to film BPD officers arrest a man on the Common. Glik was arrested on scene for disturbing the peace and “secret recording.”

The Federal Court stated the following:

“The same restraint demanded of law enforcement officers in the face of ‘provocative and challenging’ speech…must be expected when they are merely the subject of videotaping that memorializes, without impairing, their work in public spaces.”

This right to record is not an absolute!!

Question 16

Know ROA…be able to identify

Interfering with a Police Officer
Common Law Crime

Elements

Knowledge. The suspect knew, or should have known, the officer was engaged in the lawful performance of duty; and

Obstruction. Physically obstructed or threatened violence against the officer;

Intent. With the intent of obstructing or hindering the officer in the performance of duty.

Right of arrest

(M) Breach of peace, in presence

Answer 16

NOTES

This charge requires physical obstruction or threats of violence

Physical obstruction includes:

**Refusing to move

    **Verbally interrupting in a loud and persistent manner

    **Videotaping is not interfering unless it’s done in a manner that physically hinders police.

   **A suspect’s refusal to identify himself is not interfering.

Question 17

Know ROA and most common way it is used

Witness Intimidation
268 s 13B

Right of arrest FELONY

Answer 17

Major use of this:

***Most common example is the S in a domestic violence incident preventing the V from calling 911. For example, grabbing the phone from the V or smashing the V’s phone.

***Intimidation depends on the surrounding circumstances, not just the words spoken (ie. police officer threatened in court)

***Restraining order violation may also be a charge of witness intimidation (when the defendant violates the order with the goal of convincing the victim to alter her testimony or refuse to testify)

Question 18

Know ROA

Air or CO2 gun
269 s 12B

This includes paintball and BB guns

Answer 18

Notes
a. Illegal to discharge over any public way.

b. Persons 18 and over may possess without a license.

c. Persons under 18 must be accompanied by an adult or possess a license from the local police department. No age restriction or license requirement if fired on private property.

ROA Complaint only. If suspect under 18, then seize the weapon and seek complaint

Question 19

Know the ROA

Discharging firearm within 500 feet of building in use
269 s 12E

Answer 19

Right of arrest Complaint only

Question 20

**Name the crime and its right of arrest

The victim stated that the male’s name is Bill. The victim stated that “Bill” comes in the store all the time, and on today’s date he was speaking loudly at the customers and employees. The victim stated that his behavior has been getting worse and that Bill stated he was “going to shoot everyone here” today. What crime has Bill committed and what is its right of arrest?

Answer 20

Threat to commit a crime. Right of arrest is complaint only.

Question 21

The most common example of an assault and battery is….

Answer 21

a hit or a push.

Question 22

“Caller states he was trying to fire an employee. States employee became irate and threw a punch at the caller. The punch did not land. Suspect then fled on foot.”

Answer 22

Crime? Assault
M/F? Misdemeanor
ROA? No right of arrest
Why/ why not on arrest? It did not happen in your presence

Question 23

Know the difference between the two charges

In cases of domestic violence and charging assault or assault and battery on an intimate partner, do you use 265 s 13A or 265 s 13M? And what is meant by intimate partner?

Answer 23

You charge 13M. An intimate partner means the victim:
* is or was married to the offender; or
* had a child in common with the offender, regardless of whether they were ever married or lived together; or
* is or was involved in a substantive dating or engagement relationship

Question 24

In cases of domestic violence and charging assault or assault and battery on family and household member, do you use 265 s 13A or 265 s 13M? What is meant by “family and household member”?

Answer 24

You charge 13A. “Family and household member” means the victim is or was:
* related by blood or marriage; or
* living with the offender in the same household.

Question 25

Know

Examples of Class A drugs

Answer 25

Heroin
Ketamine
Fentanyl
Carfentanil

Question 26

Know

Examples of Class B drugs

Answer 26

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

Question 27

Examples of Class C drugs

Answer 27

Valium
Synthetic marijuana
Psilocybin (Magic Mushrooms)
Bath salts

Question 28

Know ROA

The right of arrest for possession with intent to distribute

Answer 28

Class A, B, and C FELONY

Class D and E Misdemeanor arrestable on PC

Question 29

Know ROA

Trespass after Notice 266 s 120

Answer 29

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 30

Know

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

Answer 30

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

Question 31

Know

Concerning incidents involving firearms, officers must keep public and officer safety as their priority. Once the suspect’s firearm(s) is/are secured, officers must do what?

Answer 31

Demand the suspect’s license to carry.