65-25 Exam 7 Final Version Flashcards
Exam 7 is 15 questions 2 short answer
Know the ROA and the amount
What is the right of arrest for possession of over 2 ounces of marijuana in public by an adult (age 21 and over)?
It is a misdemeanor arrestable on probable cause
Know that +2 oz is arrestable misdemeanor
What is your response to an adult 21 and older who possesses more than 1 ounce but less than 2 ounces (in public)?
$100 civil fine and forfeiture of the excess marijuana (adult may walk away with an ounce)
Know the ages, amounts, penalties
It is illegal for minors under 21 to possess any marijuana privately or publicly. Give the ROA for under two ounces and over 2 ounces>
(Ages 18-20) 2 oz or less is a $100 civil fine
More than 2 ounces is an arrestable misdemeanor on probable cause
A juvenile under 18 must pay a $100 fine and complete a drug education program and community service within 1 years of the date of the offense.
Police may or may not detain a person with a small amount of marijuana who appears to be 21 or over, is not consuming it in public or a prohibited area, and is not engaged in illegal distribution?
MAY NOT!!
This is distribution!!
Someone is selling, or intending to sell, marijuana (any amount). What is your strongest action?
Arrest for the misdemeanor.
This is growing marijuana at a person’s primary residence. Know ROA
What is the right of arrest for the person who grows marijuana at any location outside his primary residence?
Misdemeanor arrestable on probable cause
Know the amounts
How much marijuana may a person grow at his/her primary residence?
6 plants per adult, but no more than 12 plants, regardless of how many adults live there. They may possess 10 ounces or less of marijuana cultivated at the home.
What action do you take if someone has cultivated too many plants at his/her primary residence?
Example: If an adult has 8 plants, then you issue a $100 civil ticket and seize the excess 2 plants.
What is your strongest action for someone publicly consuming or smoking marijuana?
Issue a $100 civil fine
Remember, add-on charge
Furnishing false name or social security number to law enforcement officer
268 s 34A
Remember, there is no right of arrest for this. Why?
This is an additional (Misdemeanor) charge. There is no statutory right of arrest (the S is already under arrest).
No statutory ROA, except if interfering w/arrest of another
Resisting Arrest 268 S 32B
Elements
Prevent or attempt. The suspect knowingly prevented or attempted to prevent;
Police officer. A police officer in the regular course of his assigned duties,
who was in uniform or, if out of uniform, who properly identified himself by displaying his credentials;
Arrest. From effecting an arrest of:
The actor; or
Another person;
Force, threat, risk of injury. By using the police officer or another person:
Physical force or the threat of physical force; or
Any other means that creates a substantial risk of bodily injury.
Right of arrest It has no statutory right of arrest. Because an arrest is being made, officers continue to do so. If it is a person interfering with the arrest of another, officers may arrest for an obvious breach of the peace.
Resisting arrest must occur at some point during the ( ) process.
arrest
With resisting arrest, post arrest activities do not qualify.
True
Be able to identify what counts for sufficient resistance
Examples of sufficient resistance for resisting arrest
- Physically struggling with the police.
- Stiffening or flailing arms to prevent cuffing.
- Stiffening body to prevent placement in cruiser.
- Using force “in opposition” to officers
Know these
Examples of things that may not be examples of resisting arrest
- Flight (only if it creates a substantial risk of injury)
- Refusing to emerge from a hiding place upon command
- Mouthing off prior to arrest
Know what the keyword FACT stands for and know the ROA
Disorderly conduct
Elements
Cause or risk. The suspect purposefully caused or recklessly created a risk;
Public reaction. Of public inconvenience, annoyance, or alarm;
Misconduct. By one of the following types of conduct (keyword FACT):
Fighting; or
Agitated or tumultuous behavior; or
Creating a hazard or physically offensive condition by any act that served no legitimate purpose; or
Threatening to use force.
Right of arrest Warrantless arrest in presence in public
What is the right of arrest for assault and battery?
(M) Breach of peace, in presence
For the crime of A&B serious injury, what is meant by “serious injury”? What is the ROA for this crime?
Bodily injury which results in a permanent disfigurement, protracted loss or or impairment of a bodily function, limb, or organ or substantial risk of death. The ROA is FELONY
Lewd and Lascivious Conduct
*
* * The suspect committed or solicited another person to commit;
* A sexual act which involved touching the genitals, buttocks, or female breasts;
* For the purpose of :
1. * sexually arousing or gratifying the suspect; or
2. offending other people
AND
* the suspect intended public oxposure; or
* recklessly disregarded a substantial risk of public exposure
An example is a person who openly touches his genitals under his clothes
Right of arrest is (M) arrest in presence in public
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
