65-25 Level 1 Re-Take M 5/20 Flashcards
What is the statutory right of arrest for assault?
It is a misdemeanor, arrestable in presence, breach of peace
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.
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.
What is the statutory right of arrest for assault and battery on a pregnant female?
Felony
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
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.”
Is any part of the human body a dangerous weapon?
NO!
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
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.
What are the first four elements of burglary?
Breaking
Entering
Dwelling house
Nighttime
“Breaking” is defined as…..
“physically engaging in any act designed to enter.”
Examples of “breaking”
Breaking a window; forcing open a door; removing a plank from a wall; opening an unlocked door or window.
Is going through an open door considered a “break”?
No. It is an “entry”
For burglary, “nighttime” is defined as….
One hour after sunset and one hour before sunrise the next day.
Burglarious tools
Man-made; may be an ordinary tool not necessarily designed for crime. Gloves are not burglarious tools; rocks are not burglarious tools.
What’s the right of arrest for threat to commit a crime?
Complaint only