65-25 Exam 6 Final Version Flashcards
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.
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.
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.
Right of arrest Felony
Know O&G is IE in front of children
Open and gross lewdness is different from indecent exposure in four ways:
Open and gross lewdness is a:
- Felony
- Exposure must be done publicly
- Exposure may involve buttocks, not just genitals or breasts
- 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).
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
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.
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.
Right of arrest Misdemeanor. Warrantless arrest in presence.
Know ROA
Improper Storage of a Large Capacity Gun
Right of arrest Felony
Know the amounts
Large capacity firearm or rifle is……
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.
Know the amounts
Large capacity shotgun is….
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.”
Know ROA
Improper Storage of Any Gun if Someone under 18 Has Potential Access
Right of arrest Felony
Know ROA
Improper Storage of Non-Large Capacity Gun or Any Stun Gun
Right of arrest Misdemeanor. Confiscate and complaint.
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?
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.
How does an officer determine whether a weapon is kept in a “secure container”?
A secure container must be capable of being unlocked only by means of a key, combination, or other similar means.
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.
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
Know this!!!
What are the three main charges for a typical firearm arrest?
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
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)
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!!
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
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.
Know ROA and most common way it is used
Witness Intimidation
268 s 13B
Right of arrest FELONY
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)
Know ROA
Air or CO2 gun
269 s 12B
This includes paintball and BB guns
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
Know the ROA
Discharging firearm within 500 feet of building in use
269 s 12E
Right of arrest Complaint only
**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?
Threat to commit a crime. Right of arrest is complaint only.
The most common example of an assault and battery is….
a hit or a push.
“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.”
Crime? Assault
M/F? Misdemeanor
ROA? No right of arrest
Why/ why not on arrest? It did not happen in your presence
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?
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
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”?
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.
Know
Examples of Class A drugs
Heroin
Ketamine
Fentanyl
Carfentanil
Know
Examples of Class B drugs
Cocaine
Methadone
Oxycontin
Percocet
MDMA (Ecstasy)
Methamphetamine
PCP (Angel Dust)
Examples of Class C drugs
Valium
Synthetic marijuana
Psilocybin (Magic Mushrooms)
Bath salts
Know ROA
The right of arrest for possession with intent to distribute
Class A, B, and C FELONY
Class D and E Misdemeanor arrestable on PC
Know ROA
Trespass after Notice 266 s 120
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.
Know
The 5 ways that property owners communicate to the public the areas that are off limits:
- Posted sign 2. Verbal ejection 3. Privacy precautions 4. No trespass notice 5. Court order
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?
Demand the suspect’s license to carry.
