65-25 Level 1 Re-Take Final Version Flashcards
The re-take is Friday 3/14/25
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?
You have no right of arrest, because the assault did not take place in your presence. Your strongest action is a complaint/summons.
What is the right of arrest for the offense of identity fraud?
It is a misdemeanor arrestable on probable cause.
Armed robbery
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
What is the statutory right of arrest for basic shoplifting?
It is a misdemeanor arrestable on probable cause.
What is the statutory right of arrest for assault?
It is a misdemeanor, arrestable in presence, breach of peace
Unarmed robbery
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 **
When does larceny become a felony?
If the value of the property is over $1200; or it is a trade secret; or it is a firearm.
For burglary, “nighttime” is defined as….
One hour after sunset and one hour before sunrise the next day.
When does larceny become a felony?
If the value of property stolen was valued at over $1200, or a firearm, or trade secret.
What is the statutory right of arrest for assault and battery on a pregnant female?
Felony
What are the first four elements of burglary?
Breaking
Entering
Dwelling house
Nighttime
How does B&E daytime differ from Aggravated B&E daytime?
With aggravated B&E daytime, any person lawfully inside is “put in fear.”
Attempted larceny by check
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
For the crimes of criminal harassment (Misdemeanor arrestable on probable cause) and stalking (felony), how many separate incidents are required?
3
What’s the right of arrest for threat to commit a crime?
Complaint only
A suspect picks up a knife and threatens to stab the victim. What crime is this? Misdemeanor or felony?
It is assault by means dangerous weapon, to wit knife. It is a felony
The rights of arrest for larceny
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
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?
Arrest the suspect for assault, which is arrestable in your presence as a breach of the peace.
Actual larceny by check
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
Receiving stolen property
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).
Is going through an open door considered a “break”?
No. It is an “entry”
Statutory right of arrest for larceny from a building?
Felony, regardless of the value of the object.
What is the definition of serious bodily injury?
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.”
Give two examples of the crime of assault.
- Throwing a punch at someone and missing
- Threatening someone and using a threatening gesture to put the victim in fear of a battery
Examples of “breaking”
Breaking a window; forcing open a door; removing a plank from a wall; opening an unlocked door or window.
When is shoplifting completed?
When the merchandise is concealed.
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?
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.
All breakings and enterings are felonies, except one. Which one is it? What is its right of arrest?
Breaking and entering with intent to commit a misdemeanor. It is a misdemeanor arrestable as a breach of peace, in presence.
Mayhem
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!!!
Burglary
Suspect breaks and enters a dwelling house in the nighttime and is unarmed and puts no one in fear.
Is any part of the human body a dangerous weapon?
NO!
What age is required to be an “elder” when speaking of assault and battery on an elder?
60 and older
What is the definition of “asportation” as it relates to shoplifting?
It means “to take and carry away.”
What is a “shod foot” and when is it considered a dangerous weapon?
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.
How is a threat to commit a crime different from an assault?
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.”
Unarmed assault with intent to rob or steal
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.
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.
Armed assault in a dwelling house
Another word for larceny is…..
stealing.
Burglarious tools
Man-made; may be an ordinary tool not necessarily designed for crime. Gloves are not burglarious tools; rocks are not burglarious tools.
Stalking and criminal harassment are identical charges, except stalking involves a………
threat.
“Breaking” is defined as…..
“physically engaging in any act designed to enter.”
What is the statutory right of arrest for assault and battery on a public employee?
It is a misdemeanor, arrestable in presence, breach of peace
Definition of battery
Unlawful touching of another person without consent.
What is the statutory right of arrest for assault and battery, serious bodily injury?
Felony
