65-25 Level 1 Re-Take M 5/20 Flashcards

1
Q

What is the statutory right of arrest for assault?

A

It is a misdemeanor, arrestable in presence, breach of peace

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2
Q

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?

A

You have no right of arrest, because the assault did not take place in your presence. Your strongest action is a complaint/summons.

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3
Q

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?

A

Arrest the suspect for assault, which is arrestable in your presence as a breach of the peace.

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4
Q

What is the statutory right of arrest for assault and battery on a pregnant female?

A

Felony

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5
Q

What is the statutory right of arrest for assault and battery on a public employee?

A

It is a misdemeanor, arrestable in presence, breach of peace

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6
Q

How is a threat to commit a crime different from an assault?

A

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.”

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7
Q

Is any part of the human body a dangerous weapon?

A

NO!

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8
Q

A suspect picks up a knife and threatens to stab the victim. What crime is this? Misdemeanor or felony?

A

It is assault by means dangerous weapon, to wit knife. It is a felony

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9
Q

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?

A

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.

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10
Q

All breakings and enterings are felonies, except one. Which one is it? What is its right of arrest?

A

Breaking and entering with intent to commit a misdemeanor. It is a misdemeanor arrestable as a breach of peace, in presence.

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11
Q

What are the first four elements of burglary?

A

Breaking
Entering
Dwelling house
Nighttime

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12
Q

“Breaking” is defined as…..

A

“physically engaging in any act designed to enter.”

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13
Q

Examples of “breaking”

A

Breaking a window; forcing open a door; removing a plank from a wall; opening an unlocked door or window.

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14
Q

Is going through an open door considered a “break”?

A

No. It is an “entry”

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15
Q

For burglary, “nighttime” is defined as….

A

One hour after sunset and one hour before sunrise the next day.

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16
Q

Burglarious tools

A

Man-made; may be an ordinary tool not necessarily designed for crime. Gloves are not burglarious tools; rocks are not burglarious tools.

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17
Q

What’s the right of arrest for threat to commit a crime?

A

Complaint only

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18
Q

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.

A

Armed assault in a dwelling house

19
Q

Statutory right of arrest for larceny from a building?

A

Felony, regardless of the value of the object.

20
Q

Unarmed assault with intent to rob or steal

A

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.

21
Q

When is shoplifting completed?

A

When the merchandise is concealed?

22
Q

When does larceny become a felony?

A

If the value of the property is over $1200; or it is a trade secret; or it is a firearm.

23
Q

What is the definition of “asportation” as it relates to shoplifting?

A

It means “to take and carry away.”

24
Q

Mayhem

A

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!!!

25
Q

What is the statutory right of arrest for basic shoplifting?

A

It is a misdemeanor arrestable on probable cause.

26
Q

What is the right of arrest for the offense of identity fraud?

A

It is a misdemeanor arrestable on probable cause.

27
Q

What is a “shod foot” and when is it considered a dangerous weapon?

A

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.

28
Q

How does B&E daytime differ from Aggravated B&E daytime?

A

With aggravated B&E daytime, any person lawfully inside is “put in fear.”

29
Q

Attempted larceny by check

A

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

30
Q

Actual larceny by check

A

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

31
Q

Give two examples of the crime of assault.

A
  1. Throwing a punch at someone and missing
  2. Threatening someone and using a threatening gesture to put the victim in fear of a battery
32
Q

Unarmed robbery

A

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 **

33
Q

Armed robbery

A

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

34
Q

Receiving stolen property

A

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).

35
Q

The rights of arrest for larceny

A

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

36
Q

Another word for larceny is…..

A

stealing.

37
Q

When does larceny become a felony?

A

If the value of property stolen was valued at over $1200, or a firearm, or trade secret.

38
Q

What age is required to be an “elder” when speaking of assault and battery on an elder?

A

60 and older

39
Q

Stalking and criminal harassment are identical charges, except stalking involves a………

A

threat.

40
Q

For the crimes of criminal harassment (Misdemeanor arrestable on probable cause) and stalking (felony), how many separate incidents are required?

A

3

41
Q

What is the definition of serious bodily injury?

A

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.”

42
Q

What is the statutory right of arrest for assault and battery, serious bodily injury?

A

Felony

43
Q

Burglary

A

Suspect breaks and enters a dwelling house in the nighttime and is unarmed and puts no one in fear.