Crimes

Question 1

Battery

Elements

Answer 1

1. Unlawful application of force to another,
2. Resulting in bodily injury or offensive touching

Question 2

Assault

Elements

Answer 2

Either:
1. Intent to commit a battery, OR
2. Intentional creation of a reasonable apprehension of imminent bodily harm.

Question 3

False Imprisonment

Elemets

Answer 3

1. Unlawful
2. Confinement of a person
3. Without her valid consent

Question 4

Larceny

Elements

Answer 4

1. Taking and carrying away
2. The tangible personal property of another
3. By trespass, and
4. with intent to permanently deprive that person of their interest in the property

Question 5

Embezzlement

Elements

Answer 5

1. Fraudulent conversion,
2. Of another’s personal property,
3. By a person in lawful possession of that property.

Question 6

False Pretenses

Elements

Answer 6

1. Obtaining title to another’s personal property,
2. By false statement of past or present fact,
3. with intent to defraud the other.

Question 7

Receipt of Stolen Property

Answer 7

1. receiving possession and control of the personal property of another,
2. that is known by the recipient to have been obtained in a manner constituting a crime by another person,
3. the intent to permanently deprive the true owner of his interest in the property.

Question 8

Probable Cause

Definition

Answer 8

A reasonable person would believe that a crime was in the process of being committed, has been committed, or is going to be committed.

Question 9

Reasonable Suspicion

Answer 9

A step before probable cause where is would appear to a reasonable person that a crime may have been committed.

Terry Stops

Question 10

Automobile Warrant Exception

Answer 10

Rule: if police have probable cause to believe a car contains fruits, instrumentalities, or evidence of a crime, they MAY search the vehicle and any container that may reasonably contain the item.

Question 11

Exceptions to the Warrant Requirement

Answer 11

Search Incident to Lawful Arrest
Automobile Exception
Plain View Exception
Stop & Frisk
Exigent Circumstances/Hot Pursuit
Consent
Emergency

Question 12

Plain View Doctrine

Exception to Warrant Requirement

Answer 12

The police may make a warrantless seizure when they:

(a) Are legitimately on the premises,

(b) Discover evidence, fruits or instrumentalities of crime, or contra¬band,

(c) See such evidence in plain view; and

(d) Have probable cause to believe (that is, it must be immediately apparent) that the item is evidence, contraband, or a fruit or instrumentality of crime.