Ch. 5 Police Protection & Arrest Function Flashcards
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
Yes
Right of arrest for A&B on a public employee
Arrested for breach of peace in presence otherwise complaint
Right of arrest for A&B that occurred when public employee was operating a public transit vehicle
Arrest on PC
Prosecution for ABPO serious bodily injury may only be prosecuted in which court
Superior
Does the suspect have to know that he is striking a public employee to be charged with it?
Yes
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?
Two counts of ABPO
Can a suspect be charged with ABPO if the officer involved lacks arrest authority in that jurisdiction?
Yes
Charge for spitting on a police officer
A&B public employee
Can a ABPO conviction be based on reckless conduct causing physical injury
Yes
Can a defendant claim self-defense for an ABPO charge if officers used excessive force
Yes
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
Release-dismissal agreements
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
The defendant
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
Federal officer
Right of arrest for A&B on EMT or healthcare provider
Arrest for breach of peace in presence otherwise complaint
For A&B on EMT or healthcare provider, does the provider have to be treating the suspect at the time?
No
For A&B on EMT or healthcare provider, does the provider have to be treating or transporting a patient at the time?
Yes
For A&B on EMT or healthcare provider, a “healthcare provider” includes (6)
Medical doctor
Dentist
Registered nurse
Social worker
Psychologist
Agent/employee of licensed public or private hospital clinic or nursing home
A&B on a dentist would be charged under
A&B EMT or healthcare provider
A&B on employee of a nursing home would be charged under
A&B on EMT or healthcare provider
Is interfering with a police officer, a common law crime?
Yes
What are the two types of actions covered under interfering with a police officer?
Physically obstructed or threatened violence against the officer
For interfering with a police officer does a suspect have to intend on obstructing or hindering the officer in the performance of duty
Yes
Right of arrest for interfering with a police officer
Arrest for breach of peace and presence
Officers may legally seek a complaint, but undercuts their argument that defendant was interfering
Can Police seek a complaint for a charge of interfering with a police officer?
Yes but it undercuts the argument that the defendant was significantly interfering with them
If charging offender with a common law crime, what change should be made to the complaint form
Instead of inserting statute number, officers should simply write “common law offense”
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
Reasonable
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
No
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
Yes
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?
Yes
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?
Yes
Can verbally interrupting in a loud and persistent manner be considered a physical obstruction for interfering with a police officer
Yes
If a passenger continuously interrupts an officer trying to issue a citation for a driver can they be charged with interfering?
Yes
Videotaping officers is not interfering unless it is done in a manner that ________ ________ police
Physically hinders
Verbal criticism directed at Police is typically not interfering unless it includes a threat of
Violence
Is a suspects refusal to identify himself considered interfering with the police
No
Right of arrest for a bicyclist who fails so identify themselves and stop by police
Arrest
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?
Arrest
Right of arrest for a boat operator that fails to identify themselves
Arrest
Is there a law requiring suspects to identify themselves when detained by police?
No
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
No
If a passenger refuses to identify themselves in order to get a seatbelt violation, can they be charged with interfering?
No
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?
- Persuasion
- Prolong detention in order to take further ID steps.
- Take a photo of suspect.
- Fingerprint in the field
What compounds the difficulty of identifying noncompliant suspects in MA is the SJC’s rule prohibiting officers from:
Searching for identification
Right of arrest for neglect or refusal to assist officer
The rest for breach of peace in presence otherwise complaint
Is 268/24 neglect or refusal to assist officer still a valid law
Yes
Resisting arrest covers a person using _____, ______ or ______ against the police officer or another person
Physical Force
Threat of physical force
Risk of injury
Resisting arrest covers any means that creates a _______ risk of bodily injury
Substantial
Can A&B on a police officer be the underlying crime when charging resisting arrest
Yes
What are the two defenses to resisting arrest?
Excessive force
Officer lacked good faith
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
The resisting charge still goes through
The basic legal standard for the proper use of force for all of us
When de-escalation is not feasible or has failed;
Officers may use reasonable and proportionate force to make a lawful arrest
____________ is a proactive approach to avoid or reduce the need for force
De-escalation
De-escalation tactics include (6)
Verbal persuasion
Warnings
Slowing down
Waiting it out
Creating distance
Requesting other resources
Deadly force is permitted when an officer reasonably and currently fears imminent death or __________ for himself or another
serious injury
When deciding to use deadly force, there should be no ________ risk to bystanders
Substantial
If feasible an officer should issue a _______ before using deadly force
Verbal warning
Do the police have a duty to retreat before using deadly force?
No
To charge someone with resisting arrest, do they have to know that officers were making an arrest
Yes
Can an officer punch a suspect in the face if they twist his groin
Yes
When does the “arrest” process end in the field (2)
When the subject submits to official authority or is placed in a secure location
If a defendant is already handcuffed and then yells at and kicks officers, is this considered resisting arrest
Yes, because he had not yet been placed securely in the cruiser
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
No
Is stiffening arms to prevent handcuffing sufficient for resisting arrest
Yes
Is stiffening body to prevent placement in a cruiser sufficient for resisting arrest
Yes
Using force “in opposition” to officers is resisting unless it is passive, ________ ________
Nonviolent protest
If a protester remains limp through the arrest process, is that sufficient for resistance
No
Flight by itself is not resisting arrest, it has to create a _______ risk of injury
Substantial
Is a high-speed foot chase in the dark through private property enough for a resisting recharge
Yes
This refusing to come out of a hiding place upon command enough resisting arrest
No
If trying to charge some of resisting arrest for refusing to emerge from a hiding place, what additional factors should officers explain? (4)
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)
Can a suspect be charged with resisting arrest if they fled and created potential injury to themselves?
Yes
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?
Right to know grounds for arrest
Right of arrest for right to Know Grounds for Arrest
Complaint
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?
False Arrest 263/2
Right of arrest for false arrest
Complaint
What is the charge if a suspect gives an officer a false name during the cruiser ride to the station after his arrest?
False information following arrest
Right of arrest for false information following arrest
Not applicable
Charge for providing false phone number following arrest
False information following arrest
Charge for providing false Social Security number following arrest
False Information Following arrest
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
Dishonest
When charging someone for providing a false name, do the police have to prove the suspects true name
No
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
Yes
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
Yes, because using the name Jared Bailey without disclosing prior use of William Clark, was designed to hide his criminal history
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
Yes
Does 268/15A Escape from Police Lock Up cover an attempted escape
No
Right of arrest for escape from police lock up
Arrest for breach of peace in presence otherwise complaint
268/15A escape from Police lock up covers suspect that was lawfully placed in a ______ or _____ lockup
City or town
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
Officer or person
Does aiding escape from police custody apply to suspects who help a police prisoner that is inside or outside of the station
It covers both inside and outside of the station
Right of arrest for aiding escape from police custody
Arrested for breach of peace in presence otherwise complaint
What is the common law offense when a defendant is arrested in escapes from police custody?
Escape in the field from police officer
What is the correct charge when a defendant flees from police while being transported to court?
Common law offense of escape In the field from police officer
Correct charge for attempting to disable or defeat electronic monitoring device
268/16 attempted or actual escape by a correctional facility prisoner or pre-trial detaining
Correct charge for failure to report on time for weekend jail
268/16 attempted or actual escape by a correctional facility prisoner or pre-trial detaining
Correct charge for attempting to escape during transit in a sex offender treatment center
268/16 attempted or actual escape by a correctional facility prisoner or pre-trial detaining
FELONY
Right of arrest for attempted or actual escape by a correctional facility prisoner or pre-trial detainee
Felony
What is your strongest action when someone fails to report for weekend jail?
Arrest for felony
What is the correct charge when someone brings a disguise into a jail with the intent to help the prisoner escape
268/158 aiding a correctional facility prisoners escape
Right of arrest for aiding a correctional facility prisoners escape
If prisoner charged with a felony, felony
If prisoner charged with a misd, arrest in presence or complaint
Right of arrest for attempted or actual escape from DYS
Arrest on PC
Does attempted or actual escape from DYS cover the escapee or someone who assists the escapee
Both
Right of arrest for negligently allowing an escape
Arrest in presence otherwise complaint
