CL. Ch. 5- Police Protection & The Arrest Function

Question 1

The suspect:

-Committed an A&B;
-Against ANY public employee;
-Who the suspect knew was engaged in the performance of his or her duty.

Answer 1

A&B on Public Employee:

Question 2

A&B on Public Employee:

Elements:

Answer 2

The suspect:

-Committed an A&B;
-Against ANY public employee;
-Who the suspect knew was engaged in the performance of his or her duty.

Question 3

A&B on Public Employee:

ROA:

Answer 3

Arrest of breach of peace in presence. Otherwise, complaint.

If operating public transit vehicle: Arrest Probable Cause

If A&B includes intend to disarm a police officer; or causes serious bodily injury: Felony

Question 4

A&B on Public Employee:

What would make this offense arrestable if it didn’t occur in the officers presence as a breach of peace?

Answer 4

-If operating public transit vehicle: Arrest Probable Cause

-If A&B includes intend to disarm a police officer; or causes serious bodily injury = Felony

Question 5

Jursdicition for ABPO serious bodily injury:

Answer 5

Superior Court

Question 6

Serious Bodily Injury results in: (3)

Answer 6

1. Permanent disfigurement; or
2. Protracted loss or impairment of a bodily function, limb, or organ; or
3. Substantial risk of death

Question 7

A&B on Public Employee:

Is knowledge required?

Answer 7

Yes.

The suspect must know he is striking a public employee. It is sufficient if the officer verbally identified himself, or was wearing a uniform or badge.

Question 8

A&B on Public Employee:

Must the employee be engaged in performance of duty?

Answer 8

Yes.

The employee must be carrying out an official function.

Question 9

A&B on Public Employee:

Are officers covered when outside their jurisdiction and providing aid?

Answer 9

Yes.

Question 10

A&B on Public Employee:

Are off duty officers covered when performing a police function?

Answer 10

Yes.

Ex. defendant assaulted a uniformed officer; luckily, and off duty officer intervened and managed to subdue the defendant after both officers were struck several times; defendant was was properly convicted of separate counts for striking both the on-duty and off-duty officers.

Question 11

A&B on Public Employee:

Is an officer’s lack of arrest authority a valid defense ?

Answer 11

No.

As long as the officer was engaged in a legitimate police function.

*only legitimate defense is if officers use excessive force

Question 12

Spitting on a police officer is:

Answer 12

A&B on a public employee.

Question 13

A&B on Public Employee:

Conviction may be based on reckless conduct causing:

Answer 13

physical injury.

ex. breaking up a fight causes injury to officer

Question 14

A&B on Public Employee:

Defendant may claim self defense if:

Answer 14

officers used excessive force.

Ex. while on the ground in excruciating pain, defendant claimed officers were “trying to rip my arms out of their sockets”

Question 15

A&B on Public Employee:

A prosecutor may agree to dismiss a criminal case in exchange for:

Answer 15

the defendant’s agreement not to sue police.

-provided that the defendant voluntarily agrees, and the prosecutor is not attempting to cover up police misconduct.

Question 16

A local police officer, deputized as a member of a federal task force, is considered a:

Answer 16

“federal officer”- protected by 18 U.S.C Sec 111.

This statute prohibits assaulting or interfering with a federal officer.

Question 17

Assault or A&B on EMT or Health Care Provider:

A Health care provider is defined as:

Answer 17

• any medical doctor
• dentist
• registered nurse
• social worker
• psychologist
• agent or employee of a licensed public or private hospital, clinic, or nursing home

Question 18

Assault or A&B on EMT or Health Care Provider:

Who qualifies?

Answer 18

-EMT
- Ambulance operator
- Ambulance attendant
- Health care provider (see other card)

*The suspect must commit the assault or A&B while the employee is treating or transporting a patient

Question 19

Assault or A&B on EMT or Health Care Provider:

ROA:

Answer 19

Arrest beach of peace in presence. Otherwise, complaint.

Question 20

Assault or A&B on EMT or Health Care Provider:

Does the suspect need to be the person being treated?

Answer 20

No. The suspect must simply interfere with treatment or transport.

Question 21

Assault or A&B on EMT or Health Care Provider:

Correctional Officer:

ROA:

Answer 21

Felony

Question 22

Interfering with a Police Officer (Common Law Crime):

Elements: (3)

Answer 22

1. The suspect knew, or should have known, the officer was engages in the lawful performance of duty: and
2. Physically obstructed OR threatened violence against the officer;
3. With the intent of bostructing or hindering the officer in the performance of duty

Question 23

Interfering with a Police Officer (Common Law Crime):

Is intent an element?

Answer 23

3 - intent of obstructing or hindering the officer in the performance of duty.

Yes.

Question 24

Interfering with a Police Officer (Common Law Crime):

Is knowledge an element?

Answer 24

1 “the suspect knew, or should have known..”

Yes.

Question 25

Interfering with a Police Officer (Common Law Crime):

Elements: (simplified) (3):

Answer 25

1. Knowledge
2. Obstruction (of threat of violence)
3. Intent (to obstruct or hinder)

ROA: Arrest for breach of peace in presence. Otherwise, complaint.

Question 26

Interfering with a Police Officer (Common Law Crime):

ROA:

Answer 26

Arrest for breach of peace in presence. Otherwise, complaint.

NOTE: Officers may legally seek a complaint, but it undercuts their argument that the defendant was significantly interfering with them at the time.

Question 27

Interfering with a Police Officer (Common Law Crime):

Procedure: Although not defined by statute, Massachusetts recognizes this and other common law crimes. In fact, interfering is listed on page 1 of the District Court Complaint Manual. Prior to arraignment, on the standard complaint form, instead of inserting statute numbers, officer should simply write:

Answer 27

“Common Law Offense”

Question 28

Interfering with a Police Officer (Common Law Crime):

Interfering with a police officer requires (blank) or (blank).

Answer 28

physical obstruction or threats of violence.

Ex. police department suspended Mark Adam’s license to carry firearms. Officers went to Adam’s home to serve the suspension notice and retrieve his 15 firearms and ammunition. Even though officers had been enforcing this crime for centuries, Adams was the first SJC decision to discuss its application. Here, Adams may have been upset and argumentative, be he did not physically obstruct officers from carrying out their duty. He simply tried to go back into his house; he did not prevent them from entering. His statements did not constitute a threat of violence either. Therefore, the SJC overturned his conviction for interfering.

Question 29

Interfering with a Police Officer (Common Law Crime):

Physical obstruction covers more than force. It also covers (2)

Answer 29

1. Refuse to move
2. Verbally interrupt in a loud an persistent manner.

Question 30

Interfering with a Police Officer (Common Law Crime):

Physical obstruction covers more than force. At a certain point, refusing to move is obstruction. Example include: (3 provided)

Answer 30

• A juvenile runaway who will not accompany an officer trying to bring him home or to a shelter;

-an incapacitated person who refuses transport in an ambulance when placed into protective custody;

-an individual who insists he will not evacuate a building following a bomb threat or during an active fire alarm.

Question 31

Interfering with a Police Officer (Common Law Crime):

Physical obstruction covers more than force. A form of physical obstruction also occurs when an individual (blank) even after several police warnings.

Answer 31

verbally interrupts

ex. Officer Ambs attempted to question Klein, King told Klein twice not to speak. Officer Ambs threatened to arrest King if he interrupted again. King told Klein to stay silent. Officer Ambs arrested King for opposing an officer in the performance of his duty.

The court ruled that King’s verbal interference was a physical interruption of questioning, which provided probable cause for the arrest.

Question 32

Interfering with a Police Officer (Common Law Crime):

Is videotaping officers considered interfering?

Answer 32

No.

Unless it is done in a manner that physically hinders police.

Question 33

Interfering with a Police Officer (Common Law Crime):

Videotaping officers is NOT interfering unless it is done in a manner that :

Answer 33

physically hinders police.

Question 34

Interfering with a Police Officer (Common Law Crime):

Verbal criticism directed at the police is typically not interfering, unless:

Answer 34

it includes a threat of violence.

*Remember, this covers threats of VIOLENCE, not other types of threats (ex. I’ll sue you, i know your chief ill have your badge, etc)

Question 35

Interfering with a Police Officer (Common Law Crime):

Is a suspect’s refusal to identify himself interfering with a police officer?

Answer 35

No.

• unless an officer has some specific statute to rely on( like 90 Sec 25- operator fail to ID), there is no general law requiring suspects to identify.

Question 36

Interfering with a Police Officer (Common Law Crime):

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

Answer 36

No.

Question 37

Suspects who refuse to identify themselves can limit police action. For example, when officers have probable cause but lack a right of arrest, not having the person’s name prevents them from applying for a criminal complaint. Similarly, officers cannot issue a ticket to someone who has committed a civil marijuana infraction unless the person gives their name. The same hold true for a passenger failing to wear his seatbelt.

An arrest for “interfering” in these and other situations is:

Answer 37

simply not an option.

** What compounds the difficulty of identifying non- compliant suspects in Massachusetts is the SJC’s rule prohibiting officers from searching for identification before or after arrest- or during a motor vehicle stop.

Question 38

If somebody refuses to identify themselves, and there is no specific statute to rely on, the author suggest that officers: (5 total)

Answer 38

Consider whether probable cause supports an arrestable offense

If officers truly do not have a right of arrest for the incident under investigation:

• Use their power of persauision
• Prolong the detention in order to take further ID steps
• Take a photo of the suspect on scene (officers can use their cell phone camera)
• Take fingerprints in the field (may do this during an investigative detention)

Question 39

Neglect or Refusal to Assist Officer:

Elements: (2)

Answer 39

1. A person who was required by a police officer or deputy sheriff;
2. Neglected or refused to assist the officer in apprehending or securing of a person for a breach of the peace of for an escape.

Question 40

1. A person who was required by a police officer or deputy sheriff;
2. Neglected or refused to assist the officer in apprehending or securing of a person for a breach of the peace of for an escape.

Answer 40

Neglect or Refusal to Assist Officer:

ROA: Arrest breach of peace in presence. Otherwise, complaint.

Question 41

Neglect or Refusal to Assist Officer:

ROA:

Answer 41

Arrest for Breach of Peace in Presence, otherwise complaint.

Question 42

Resisting Arrest:

Elements: (4 total)

Answer 42

1. The suspect knowingly prevented or attempted to prevent;
2. A police officer in the regular course of his assigned duties, who was in uniform or, if out of uniform, who properly identified himself by displaying his credentials;
3. From effecting an arrest of:
   - the actor; or
   - anther person;
4. By using against the police officer or another person:
   - Physical force or threat of physical force; or
   - Any means that creates a substantial risk of bodily injury.

Question 43

1. The suspect knowingly prevented or attempted to prevent;
2. A police officer in the regular course of his assigned duties, who was in uniform or, if out of uniform, who properly identified himself by displaying his credentials;
3. From effecting an arrest of:
   - the actor; or
   - anther person;
4. By using against the police officer or another person:
   - Physical force or threat of physical force; or
   - Any means that creates a substantial risk of bodily injury.

Answer 43

Resisting Arrest

Question 44

Resisting Arrest:

Elements: (simplified) (4 total)

Answer 44

1. Prevent or attempt to prevent
2. Police officer
3. Arrest
4. Force, threat, risk of injury

Question 45

Resisting Arrest:

ROA:

Answer 45

Of course since officers are making an arrest at the time of the resistance, they may continue to do so!

In the case of a person who is interfering with the arrest of another, officers may arrest for this obvious breach of peace.

Question 46

True or false?

The underlying crime for resisting arrest may be A&B on a police officer.

Answer 46

True.

ex. during original threshold inquiry, the defendant brushed away the officer’s hand, which constituted the arrestable crime of A&B on a police officer; then the resisting occurred when the defendant wrestled with officers and threw punches.

Question 47

Resisting Arrest:

An officer’s legal mistake is excused, but what is not? (2)

Answer 47

1.excessive force; or

2, lack of good faith

Question 48

Resisting Arrest:

Under 268 Sec. 32B, it IS a defense to resisting arrest if the officer:

Answer 48

Resorted to excessive force, OR lacked good faith.

Question 49

What is the basic legal standard for proper use of force?

Answer 49

For all arrests:
- When de-escalation is not feasible or has failed,
- Officers may use reasonable and proportionate force to make a lawful arrest

The use of deadly force is reasonable when, in addition:
- The officer reasonably and currently rears imminent death or serious injury for himself or another
- There is no substantial risk to bystanders; and
- If feasible, the officer issues a verbal warning

Question 50

For all arrests:
- When de-escalation is not feasible or has failed,
- Officers may use reasonable and proportionate force to make a lawful arrest

The use of deadly force is reasonable when, in addition:
- The officer reasonably and currently rears imminent death or serious injury for himself or another
- There is no substantial risk to bystanders; and
- If feasible, the officer issues a verbal warning

What does this describe?

Answer 50

The basic legal standard for proper use of force.

Question 51

A proactive approach to avoid or reduce the need for force. It includes verbal persuasion, warnings, slowing the pace of an incident, waiting a out a person, creating distance, and requesting additional resources, such as mental health clinicians.

Answer 51

De-escalation.

Question 52

What is de-escalation?

Answer 52

A proactive approach to avoid or reduce the need for force.
It includes:
- verbal persuasion,
- warnings,
- slowing the pace of an incident,
- waiting a out a person,
- creating distance, and
- requesting additional resources, such as mental health clinicians.

Question 53

Do police have a duty to retreat?

Answer 53

No.

Because officers have an obligation to enforce the law and protect the public, retreat is not an option for an on- duty officer.

The question becomes whether the officer employed reasonable force.

Question 54

Must resisting arrest occur during the arrest process?

Answer 54

Yes.

Question 55

Resisting arrest must occur during the arrest process.

The offender must know that officer are:

Answer 55

making an arrest.

ex. defendant was walking toward the mall with a metal bat in her hand. When an officer approached her, she put the bat in her car. Officer tried to question her, and she screamed at him, drawing a crowd. When she tried to walk away, the officer told her she was under arrest for disorderly conduct. Defendant puller her arm away and began struggling. Officer pushed her against a car, while she kicked and spat at him. Officer took her to the ground. Whens he grabbed and twisted his groin, he punched her in the face. A second officer helped handcuff her.

While the exchange began as an investigative detention, it turned into an arrest. Officer told defendant she was under arrest. The court also noted that the officer did not use excessive force under the circumstances.

Question 56

Resisting arrest must occur during the arrest process.

What can provide notice of arrest? (2)

Answer 56

Conduct before handcuffing and verbal notification.

Question 57

Resisting Arrest:

The arrest ends when: (2)

Answer 57

1. The subject submits to official authority; OR
2. The subject is placed in a secure location (cruiser, for example)

Question 58

Resisting arrest:

When does the arrest end?

Answer 58

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

ex. although the defendant was handcuffed, he spun, yelled and kicked officers; this was resisting arrest because he had not yet been placed securely in the cruiser.

Question 59

Resisting arrest:

Do post- arrest activities qualify?

Answer 59

No.

Ex. Kevin Dobbins pushed officers when they tried to handcuff him following his OUI arrest. Once secured in the cruiser, Dobbins kicked the door and the window repeatedly, then swung his fist at officers when they placed him in his cell at the station. While the initial push constituted resisting arrest, Dobbins’ post- arrest conduct in the cruiser and station did not.

Question 60

Examples of sufficient resistance for resisting arrest:

Answer 60

• Physically struggling with police
• Stiffening arms to prevent cuffing
• Stiffening body to prevent placement in cruiser
• Using force “in opposition” to officers is resisting: *unless it is passive, nonviolent protest

Question 61

Resisting Arrest:

Using force “in opposition” to officers is resisting unless:

Answer 61

it is passive, nonviolent protest

Question 62

Resisting Arrest:

Flight is NOT, by itself, resisting arrest. It has to create a :

Answer 62

substantial risk of injury.

ex. at night, defendant led police on a foot chase on a dug-up roadway under construction with various obstacles, dangerous terrain, and the potential for traveling vehicles; this dangerous flight constituted resisting arrest.

Question 63

Resisting Arrest:

Is refusing to emerge from a hiding place upon command resisting arrest?

Answer 63

No.

Ex. officers needed to show more than just defendant’s refusal to come out of the woods in response to their yelling. In future cases officers should explain:
1. how long the suspect hid;
2. whether they had to search for him
3. the type of terrain; and
4. The tactical precautions taken (guns drawn, k9, back up)

Officers should detail the facts that created the potential for injury- to the arrestee OR officers.

Question 64

Is “mouthing off” prior to arrest sufficient for Resisting Arrest?

Answer 64

No.

ex. defendant arrived home to find police investigating a domestic disturbance. He became excited, began yelling and cursing, and made numerous attempts to enter the apartment despite being told by officers to calm down. Police escorted him outside, where a crowd had gathered. Defendant was arrested for disorderly conduct and resisting arrest. However, there was insufficient evidence for resisting arrest. While he did mouth off, defendant did not use force or threaten to use force in connection with his arrest.

Question 65

Right to Know Grounds for Arrest:

Elements: (3)

Answer 65

An Officer arrested a person and:

1. Refused to answer the arrestee’s question about the reason for the arrest; or
2. Answered untruthfully; or
3. Neglected, upon request, to exhibit the warrant or document authorizing the arrest.

ROA: Complaint

Question 66

An Officer arrested a person and:

1. Refused to answer the arrestee’s question about the reason for the arrest; or
2. Answered untruthfully; or
3. Neglected, upon request, to exhibit the warrant or document authorizing the arrest.

ROA: Complaint

Answer 66

Right to Know Grounds for Arrest

ROA: Complaint.

Question 67

Right to Know Grounds for Arrest

ROA:

Answer 67

Complaint.

Question 68

False Arrest:

Elements: (1)

Answer 68

An officer arrested a suspect and pretended to have legal process, OR different legal process from the one that he had.

ROA: Complaint

Question 69

An officer arrested a suspect and pretended to have legal process, OR different legal process from the one that he had.

Answer 69

False Arrest

ROA: Complaint

Question 70

False Arrest

ROA:

Answer 70

Complaint

Question 71

False Information Following Arrest

Elements: (4)

Answer 71

1. The suspect knowingly and willfully;
2. Furnished a false name, social security number, date of birth, home or mailing address, phone number, or any other information requested to identify the defendant
3. To a police officer or official (this would cover a civilian performing the booking for police)
4. Post Arrest- following an arrest

Note: This crime does not have to occur at the booking desk, although it typically will. For example, if a suspect gave an officer a false name during the cruiser ride to the station after his arrest, this offense would apply.

Question 72

1. The suspect knowingly and willfully;
2. Furnished a false name, social security number, date of birth, home or mailing address, phone number, or any other information requested to identify the defendant
3. To a police officer or official (this would cover a civilian performing the booking for police)
4. Post Arrest- following an arrest

Note: This crime does not have to occur at the booking desk, although it typically will. For example, if a suspect gave an officer a false name during the cruiser ride to the station after his arrest, this offense would apply.

Answer 72

False Information Following Arrest

Question 73

False Information Following Arrest:

ROA:

Answer 73

Not applicable.

Since this offense, by definition, must follow an arrest, the officer must have had a right of arrest for the underlying offense initially.

Question 74

Suspect gives an officer a false name during the cruiser ride to the station after his arrest. What, if any, charges apply?

Answer 74

False Information Following Arrest Ch. 268 Sec. 34A

ROA: Not applicable- already under arrest

Question 75

False Information Following Arrest Ch. 268 Sec. 34A:

Officers must prove use of:

Answer 75

“false name”

A false name is one that a person has assumed for a dishonest purpose. This includes conealing one’s identity to avoid being charged, to obtain more favorable bail consideration, to avoid arrest on a warrant, or to avoid prosecution on the current charge by facilitating a default.

If a person has previously identified himself to any police department under a different name, and he fails to disclose this name at the time of his arrest, then officers may infer his nondisclosure was for a dishonest purpose. Remember, police do not have to prove the suspect’s true name, they must simply prove that he use a name for a dishonest purpose.

Question 76

1. The suspect was lawfully placed in a city or town lockup; and
2. The suspect escaped

Answer 76

Escape from Police Lockup Ch. 268 Se . 15A

Note: 15 A covers an escape from a police lock up. However, it does NOT cover and attempted escape. Officers must charge and attempt under 274 Sec. 6)

ROA: Arrest for breach of peace in presence, otherwise complaint.

Question 78

Aiding Escape from Police Custody Ch. 268 Sec 17

and

Escape from Police Lockup Ch. 268 Se . 15A

ROA:

Answer 78

Arrest breach of peace in presence only, otherwise complaint.

Question 79

This common law offense occurs when a defendant is arrested and escapes from police custody:

ROA:

Answer 79

Escape in the Field from Police Officer

ROA: breach of peace in presence, otherwise complaint

ex. defendant managed to flee from police while being transported to court; he could not be charged under 268 Sec 15A, because he escaped from a police cruiser, not a police lockup; this common law offense was the correct charge.

Question 80

Attempted or Actual Escape by a Correctional Facility Prisoner or Pre-Trial Detainee Ch. 268 Sec. 16:

ROA:

Answer 80

Felony.

Question 81

Is failing to report on time for weekend jail sentance an “escape” under Attempted or Actual Escape by a Correctional Facility Prisoner or Pre-Trial Detainee?

Answer 81

Yes.

Question 82

What is knowingly disabling, or attempting to disable or defeat, an electronic monitoring device considered?

Answer 82

an “escape attempt” under Attempted or Actual Escape by a Correctional Facility Prisoner or Pre-Trial Detainee Ch. 268 Sec 16

Question 83

The suspect must:

1. Bring into a correctional facility or jail, a disguise, instrument, weapon, or other thing with the intent to aid a prisoner’s escape; or
2. Assist a prisoner in trying to escape (whether the prisoner attempts or not); or
3. Forcibly or fraudulently rescue or attempt to rescue a prisoner held in custody

Answer 83

Aiding a Correctional Facility Prisoner’s Escape Ch. 268 Sec 15

ROA:

If prisoner charged with felony: Felony

If prisoner charged with misdemeanor: arrest for breach of peace in presence. Otherwise, complaint.

Question 84

Attempted or Actual escape from DYS:

This prohibits escaping or attempting to escape from DYS custody. It also penalizes:

Answer 84

anyone who assists a DYS youth in this activity.

ROA: Warrantless arrest on probable Cause

Question 85

Negligently Allowing an Escape Ch. 268 Sec. 20:

ROA:

Answer 85

Arrest for breach of peace in presence. Otherwise, complaint.