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Crim Law Other > Ch. 5 Police Protection & Arrest Function > Flashcards

Ch. 5 Police Protection & Arrest Function Flashcards

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1
Q

For assault and battery on a public employee does a suspect have to know the employee was engaged in performance of his or her duty

A

Yes

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2
Q

Right of arrest for A&B on a public employee

A

Arrested for breach of peace in presence otherwise complaint

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3
Q

Right of arrest for A&B that occurred when public employee was operating a public transit vehicle

A

Arrest on PC

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4
Q

Prosecution for ABPO serious bodily injury may only be prosecuted in which court

A

Superior

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5
Q

Does the suspect have to know that he is striking a public employee to be charged with it?

A

Yes

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6
Q

If the defendant assaults a uniformed officer and an off-duty officer intervenes and manages to subdue the suspect, what should the defendant be charged with?

A

Two counts of ABPO

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7
Q

Can a suspect be charged with ABPO if the officer involved lacks arrest authority in that jurisdiction?

A

Yes

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8
Q

Charge for spitting on a police officer

A

A&B public employee

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9
Q

Can a ABPO conviction be based on reckless conduct causing physical injury

A

Yes

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10
Q

Can a defendant claim self-defense for an ABPO charge if officers used excessive force

A

Yes

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11
Q

What is the name of the agreement when a prosecutor agrees to dismiss a criminal case in exchange for the defendants agreement not to sue Police

A

Release-dismissal agreements

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12
Q

For a release-dismissal agreement where the prosecutor dismisses a criminal case in exchange the defendants agreement not to sue police, who must voluntarily agree to the deal

A

The defendant

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13
Q

In a case where a Chelsea detective is serving on a federal gang task force and a shot by a fleeing suspect, should the detective be considered a Chelsea police officer or a federal officer

A

Federal officer

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14
Q

Right of arrest for A&B on EMT or healthcare provider

A

Arrest for breach of peace in presence otherwise complaint

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15
Q

For A&B on EMT or healthcare provider, does the provider have to be treating the suspect at the time?

A

No

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16
Q

For A&B on EMT or healthcare provider, does the provider have to be treating or transporting a patient at the time?

A

Yes

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17
Q

For A&B on EMT or healthcare provider, a “healthcare provider” includes (6)

A

Medical doctor
Dentist
Registered nurse
Social worker
Psychologist
Agent/employee of licensed public or private hospital clinic or nursing home

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18
Q

A&B on a dentist would be charged under

A

A&B EMT or healthcare provider

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19
Q

A&B on employee of a nursing home would be charged under

A

A&B on EMT or healthcare provider

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20
Q

Is interfering with a police officer, a common law crime?

A

Yes

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21
Q

What are the two types of actions covered under interfering with a police officer?

A

Physically obstructed or threatened violence against the officer

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22
Q

For interfering with a police officer does a suspect have to intend on obstructing or hindering the officer in the performance of duty

A

Yes

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23
Q

Right of arrest for interfering with a police officer

A

Arrest for breach of peace and presence
Officers may legally seek a complaint, but undercuts their argument that defendant was interfering

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24
Q

Can Police seek a complaint for a charge of interfering with a police officer?

A

Yes but it undercuts the argument that the defendant was significantly interfering with them

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25
Q

If charging offender with a common law crime, what change should be made to the complaint form

A

Instead of inserting statute number, officers should simply write “common law offense”

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26
Q

When determining the penalty for a common law crime, the judge imposes a _________ sentence for any crime whose penalty has not been established by statute

A

Reasonable

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27
Q

Can a defendant be charged with interfering with the police officer if he attempts to re-enter his house while police are on scene serving a suspension notice and retrieving firearms

A

No

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28
Q

Can a juvenile be charged with interfering with a police officer if they will not accompany an officer trying to bring them home or to a shelter

A

Yes

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29
Q

If an incapacitated person who is being placed in protective custody refuses transport in an ambulance, can they be charged with interfering with the police officer?

A

Yes

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30
Q

Following a bomb threat or fire alarm, if an individual refuses to evacuate the building, can they be charged with interfering with the police officer?

A

Yes

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31
Q

Can verbally interrupting in a loud and persistent manner be considered a physical obstruction for interfering with a police officer

A

Yes

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32
Q

If a passenger continuously interrupts an officer trying to issue a citation for a driver can they be charged with interfering?

A

Yes

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33
Q

Videotaping officers is not interfering unless it is done in a manner that ________ ________ police

A

Physically hinders

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34
Q

Verbal criticism directed at Police is typically not interfering unless it includes a threat of

A

Violence

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35
Q

Is a suspects refusal to identify himself considered interfering with the police

A

No

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36
Q

Right of arrest for a bicyclist who fails so identify themselves and stop by police

A

Arrest

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37
Q

Someone is walking down the street and throws trash on the ground. An officer stops them and they refused to identify themselves. What is the strongest action?

A

Arrest

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38
Q

Right of arrest for a boat operator that fails to identify themselves

A

Arrest

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39
Q

Is there a law requiring suspects to identify themselves when detained by police?

A

No

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40
Q

When police have PC but lack a right of arrest, and the person refuses to identify themselves for a criminal complaint, can they be charged with interfering

A

No

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41
Q

If a passenger refuses to identify themselves in order to get a seatbelt violation, can they be charged with interfering?

A

No

42
Q

If a suspect refuses to identify themselves and officers do not have a right of arrest, what four steps can officers take in the field?

A
  1. Persuasion
  2. Prolong detention in order to take further ID steps.
  3. Take a photo of suspect.
  4. Fingerprint in the field
43
Q

What compounds the difficulty of identifying noncompliant suspects in MA is the SJC’s rule prohibiting officers from:

A

Searching for identification

44
Q

Right of arrest for neglect or refusal to assist officer

A

The rest for breach of peace in presence otherwise complaint

45
Q

Is 268/24 neglect or refusal to assist officer still a valid law

A

Yes

46
Q

Resisting arrest covers a person using _____, ______ or ______ against the police officer or another person

A

Physical Force
Threat of physical force
Risk of injury

47
Q

Resisting arrest covers any means that creates a _______ risk of bodily injury

A

Substantial

48
Q

Can A&B on a police officer be the underlying crime when charging resisting arrest

A

Yes

49
Q

What are the two defenses to resisting arrest?

A

Excessive force
Officer lacked good faith

50
Q

If someone is charged for resisting arrest during a domestic and the domestic charge is later dropped before trial, what happens to the resisting charge

A

The resisting charge still goes through

51
Q

The basic legal standard for the proper use of force for all of us

A

When de-escalation is not feasible or has failed;
Officers may use reasonable and proportionate force to make a lawful arrest

52
Q

____________ is a proactive approach to avoid or reduce the need for force

A

De-escalation

53
Q

De-escalation tactics include (6)

A

Verbal persuasion
Warnings
Slowing down
Waiting it out
Creating distance
Requesting other resources

54
Q

Deadly force is permitted when an officer reasonably and currently fears imminent death or __________ for himself or another

A

serious injury

55
Q

When deciding to use deadly force, there should be no ________ risk to bystanders

A

Substantial

56
Q

If feasible an officer should issue a _______ before using deadly force

A

Verbal warning

57
Q

Do the police have a duty to retreat before using deadly force?

A

No

58
Q

To charge someone with resisting arrest, do they have to know that officers were making an arrest

A

Yes

59
Q

Can an officer punch a suspect in the face if they twist his groin

A

Yes

60
Q

When does the “arrest” process end in the field (2)

A

When the subject submits to official authority or is placed in a secure location

61
Q

If a defendant is already handcuffed and then yells at and kicks officers, is this considered resisting arrest

A

Yes, because he had not yet been placed securely in the cruiser

62
Q

If a suspect is secured in the back of a cruiser and begins, kicking the door and window repeatedly, can they be charged through system arrest

A

No

63
Q

Is stiffening arms to prevent handcuffing sufficient for resisting arrest

A

Yes

64
Q

Is stiffening body to prevent placement in a cruiser sufficient for resisting arrest

A

Yes

65
Q

Using force “in opposition” to officers is resisting unless it is passive, ________ ________

A

Nonviolent protest

66
Q

If a protester remains limp through the arrest process, is that sufficient for resistance

A

No

67
Q

Flight by itself is not resisting arrest, it has to create a _______ risk of injury

A

Substantial

68
Q

Is a high-speed foot chase in the dark through private property enough for a resisting recharge

A

Yes

69
Q

This refusing to come out of a hiding place upon command enough resisting arrest

A

No

70
Q

If trying to charge some of resisting arrest for refusing to emerge from a hiding place, what additional factors should officers explain? (4)

A

1.How long is suspect hid
2. Whether they had to search for him
3. Type of terrain
4. Tactical precautions (ex K9, guns drawn, backup brought in)

71
Q

Can a suspect be charged with resisting arrest if they fled and created potential injury to themselves?

A

Yes

72
Q

What statute covers when an officer makes an arrest and refuses to answer the arrestee’s questions about the reason, or answered untruthfully, or neglected upon request to show a warrant?

A

Right to know grounds for arrest

73
Q

Right of arrest for right to Know Grounds for Arrest

A

Complaint

74
Q

What is the charge when an officer arrests a suspect and pretends to have legal process, or a different legal process from the one he had?

A

False Arrest 263/2

75
Q

Right of arrest for false arrest

A

Complaint

76
Q

What is the charge if a suspect gives an officer a false name during the cruiser ride to the station after his arrest?

A

False information following arrest

77
Q

Right of arrest for false information following arrest

A

Not applicable

78
Q

Charge for providing false phone number following arrest

A

False information following arrest

79
Q

Charge for providing false Social Security number following arrest

A

False Information Following arrest

80
Q

When proving that someone provided a false name, they have to show that the false name is one that a person has assumed for a ________ purpose

A

Dishonest

81
Q

When charging someone for providing a false name, do the police have to prove the suspects true name

A

No

82
Q

If a person has previously identified himself to another police department under a different name, and he fails to disclose this name at the time of his arrest, can officers infer that the nondisclosure was for a dishonest purpose

A

Yes

83
Q

A defendant provides a name of Jared Bailey, and the defendants fingerprints match an earlier arrest of Jared Bailey AND four prior arrest for William Clark, can the defendant be charged with False Information Following Arrest

A

Yes, because using the name Jared Bailey without disclosing prior use of William Clark, was designed to hide his criminal history

84
Q

A defendant provided a false name when stopped by police. Once placed in handcuffs, the defendant insisted his false name was correct. Is this now sufficient for providing false information following arrest

A

Yes

85
Q

Does 268/15A Escape from Police Lock Up cover an attempted escape

A

No

86
Q

Right of arrest for escape from police lock up

A

Arrest for breach of peace in presence otherwise complaint

87
Q

268/15A escape from Police lock up covers suspect that was lawfully placed in a ______ or _____ lockup

A

City or town

88
Q

Aiding escape from police custody covers a suspect that aided or assisted a prisoner in escaping or attempting to escape from an __________ with lawful custody

A

Officer or person

89
Q

Does aiding escape from police custody apply to suspects who help a police prisoner that is inside or outside of the station

A

It covers both inside and outside of the station

90
Q

Right of arrest for aiding escape from police custody

A

Arrested for breach of peace in presence otherwise complaint

91
Q

What is the common law offense when a defendant is arrested in escapes from police custody?

A

Escape in the field from police officer

92
Q

What is the correct charge when a defendant flees from police while being transported to court?

A

Common law offense of escape In the field from police officer

93
Q

Correct charge for attempting to disable or defeat electronic monitoring device

A

268/16 attempted or actual escape by a correctional facility prisoner or pre-trial detaining

94
Q

Correct charge for failure to report on time for weekend jail

A

268/16 attempted or actual escape by a correctional facility prisoner or pre-trial detaining

95
Q

Correct charge for attempting to escape during transit in a sex offender treatment center

A

268/16 attempted or actual escape by a correctional facility prisoner or pre-trial detaining
FELONY

96
Q

Right of arrest for attempted or actual escape by a correctional facility prisoner or pre-trial detainee

A

Felony

97
Q

What is your strongest action when someone fails to report for weekend jail?

A

Arrest for felony

98
Q

What is the correct charge when someone brings a disguise into a jail with the intent to help the prisoner escape

A

268/158 aiding a correctional facility prisoners escape

99
Q

Right of arrest for aiding a correctional facility prisoners escape

A

If prisoner charged with a felony, felony
If prisoner charged with a misd, arrest in presence or complaint

100
Q

Right of arrest for attempted or actual escape from DYS

A

Arrest on PC

101
Q

Does attempted or actual escape from DYS cover the escapee or someone who assists the escapee

A

Both

102
Q

Right of arrest for negligently allowing an escape

A

Arrest in presence otherwise complaint

Crim Law Other (27 decks)

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