Chapter 5- Police Protection And Arrest Function Flashcards

1
Q

What is the definition of AB on a public employee?

A

Assault on a public employee who is suspected to be engaged in the performance of their duty

AB refers to assault and battery.

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2
Q

What is the consequence of attempting to disarm a police officer or SI?

A

Felony - prosecuted in superior court

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3
Q

What must an individual know to be charged with AB on a public employee?

A

Must KNOW they are striking a public employee

Verbal identification or wearing a uniform/badge is sufficient.

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4
Q

Fill in the blank: AB on a public employee operating a transit vehicle results in _______.

A

[Arrest on PC]

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5
Q

What is required for knowledge in the context of AB on a public employee?

A

Verbal ID or wearing uniform/badge is sufficient

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6
Q

True or false - officers are covered under ABPO if outside their jurisdiction and providing aid

A

True

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7
Q

Off duty officers are covered when performing a police function (helping an on duty officer)

A

True

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8
Q

Lack of arrest authority doesnt matter for ABPO as long as

A

You’re doing a legit function

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9
Q

A prosecutor may agree to dismiss ABPO charges if suspect agrees not to sue the police, what is the one exemption

A

Can’t do it to cover up misconduct

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10
Q

AB EMT or health care worker, what is the most important element (test question)

A

Person must be treating or transporting the person in the line of duty

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11
Q

Assault is covered under the health care working statute, true or false

A

True

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12
Q

Does the suspect need to be the one being treated under AB health care

A

No

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13
Q

ROA AB corrections officer

A

Felony

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14
Q

Interfering with police officer ROA

A

In presence

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15
Q

Elements of integer ring with police officer

A

Knowledge (knew or should have known) officer was engaged in lawful duty

Physically obstructed, or threatened violence against police

Intent to obstruct or hinder performance

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16
Q

What two things must someone do to violate interfering

A

Physically obstruct or threaten violence

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17
Q

Cl - officers attempt to serve LTC suspension and guy is argumentative but doesn’t prevent them from entering

A

No good

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18
Q

Examples of interfering

A

Refusal to be PC’d

Refusal to be returned as runaway

Refusal to evacuate building during bomb threat

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19
Q

Witness continues to talk over police while they interview a victim is this interfering

A

Yes

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20
Q

Threats such as I’ll sue you or I’ll have your badge

A

No hood

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21
Q

Neglect or refusal to assist officer ROA

A

In presence

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22
Q

Resisting arrest elements

A

Use of force, threats, or other dangerous method to

Resist arrest

Anyone who prevents, or attempts to prevent arrest of another

23
Q

Knowingly prevent or attempt to prevent

Known police officer

From arresting you or another

By force, threat, risk of injury

A

Resisting

24
Q

Are legal mistakes excused (lack of PC) for resisting arrest

A

Yes

25
Q

What is not excused for resisting arrest

A

Excessive force or lack of good faith

26
Q

Entering house to arrest for a misdemeanor without a warrant and person resists

A

Lack of good faith

27
Q

Court drops domestic charge is resisting still good

A

Yes

28
Q

What do you need to do before you use force

A

De-escalate unless not feasible or failed

May use reasonable and proportionate force

29
Q

For deadly force what must be occurring

A

CURRENTLY Risk of death or SBI

No risk to bystander

Provide verbal warning if feasible

30
Q

Use of force is based on what standard

A

Reasonableness

31
Q

Telling someone to put their hands behind their back then they resist, is this enough for knowingly

A

Yes implied

32
Q

When does arrest end for resisting

A

Submit to offical authority or placed in secure location

33
Q

Handcuffed then spun and kicked at officers

A

Good

34
Q

Kicking while secured in a cruiser

A

No good

35
Q

Bad behavior during booking

A

No good

36
Q

Stiffening arms, stiffening body, force in opposition to officers, gripping steering wheel

A

Good

37
Q

Flight is only resisting when it causes

A

Substantial risk of injury

38
Q

Flight onto construction roadway with obstacles

A

Good

39
Q

Refusing to emerge from hiding in woods

A

Not resisting

40
Q

Mouthing off by yelling and cursing but no threats

A

No good

41
Q

Rights to know ground for arrest ROA and elements

A

Complaint

After arrest refuse to tell suspect

Why arrested

Answered untruthfully

Failed to show warrant upon request

42
Q

False arrest ROA and element

A

Complaint

Pretending to have legal process or different process than you had

43
Q

False info following arrest ROA and elements

A

Already arrested

Provide false name, or info (ss, dob, address, phone number)

To police or Civilian booking crew

44
Q

False name is considered false when

A

It is adopted for a dishonest purpose

45
Q

Escape from police lock up

A

In presence

Escaping from city or town lock up

DOES NOT COVER THE ATTEMPT

46
Q

Aiding escape from police custody

A

In presence

Suspect aided or assisted prisoner

To escape or ATTEMPT from and OFFICER with lawful custody

47
Q

What do you charge for escape from back of police car or attempt from a station

A

Aiding escape from police custody

48
Q

Attempted or actual escape by correction prisoner or pre trial detention

A

Felony

Escape from corrections, sex offender treatment, court, or home confinement

49
Q

Knowingly disabling, or attempting to disable a electronic monitoring device is what crime

A

Felony - attempted or actual escape from corrections

50
Q

Does failure to report back to jail after weekend pass constitute escape

A

Yes felony

51
Q

Aiding correction facility prisoner escape

A

If offense is felony - felony

Person in for misdemeanor - misdemeanor

Includes bringing in an item to help them escape

52
Q

Attempted or actual escape from DYS

A

WPC - includes those who help

53
Q

Negligently allowing escape

A

In presence - refusal to take into custody or allow escape of an arrested or convicted prisoner