CRIMINAL LAW EXAM 5 Flashcards
The 5 ways that property owners communicate to the public the areas that are off limits:
- Posted sign
- Verbal ejection
- Privacy precautions
- No trespass notice
- Court order
Elements of Trespass after Notice 266 s 120
Without right. The suspect entered or remained without right; Property of another. On or in the dwelling, building, boat, improved or enclosed land, wharf, or school bus of another; notice. Even though a person with lawful control had forbidden the suspect’s presence: Directly; or without a posted notice; or through a 209A, s 3 and 4, or 208 s 34B court order ( order to vacate marital home).
Right of arrest: Misdemeanor arrestable in presence
Examples of privacy precautions
-A fence
-Walls
-Locked gates
-Doors
Elements of Defacing or Damaging property 266 s 126A
The suspect maliciously or wantonly; Destroy or deface. Marked, injured, defaced, or destroyed; Property of another. The real or personal property of another.
Right of arrest: Felony, regardless of value of damage
Elements of Wanton destruction of property 266 s 127
The suspect injured or destroyed the personal property, dwelling house, or building of another; the suspect did so wantonly
Right of arrest: Complaint
Elements of Malicious destruction of property 266 s 127
The suspect injured or destroyed the personal property. Dwelling house, or building of another;
The suspect did so willfully
The suspect did so with malice
The amount of damage inflicted to the property was more than $1200.
Right of arrest: Felony if the value of property is over $1200. Complaint if valued of the property is $1200 or less
What are the five classes of controlled substances?
Class A
Class B
Class C
Class D
Class E
What are some examples of Class A drugs?
-Heroin
-Ketamine
-Fentanyl
-Carfentanil
Examples of Class B drugs?
-Cocaine
-Methadone
-Oxycontin
-Percocet
-MDMA (Ecstasy)
-Methamphetamine
-PCP (Angel Dust)
Examples of Class C drugs?
-Valium
-Synthetic Marijuana
-Psilocybin (Magic Mushrooms)
-Bath salts
Example of Class D drugs?
MARIJUANA
Example of Class E drugs?
Prescription drugs not listed in any other class Gabapentin
Elements of Possession of Controlled Substances 94C s 34
The suspect knowingly;
Possessed some perceptible amount of a controlled substance in any class
More than 2 ounces of marijuana; and without lawful reason
The suspect did not have a valid prescription or other legal basis.
Right of arrest of possession of controlled substances: Misdemeanor on probable cause
You place a person under arrest on a warrant. During the search incident to a lawful arrest, you find two small bags of crack cocaine from the suspect’s front pocket. In addition to the warrant, what will you charge the person with?
Possession of Class B
The definition of distribution is?
To deliver other than by administering or dispensing a controlled substance. Distribution is any non-medical delivery of drugs.
Delivering drugs is distribution even though no money is exchanged
Sharing drugs is distribution
Except: when the offenders either obtain the drugs together at the same time or “socially share” marijuana
Right of arrest for distribution is: Class A, B and C FELONY
There are 8 Plus factors to prove possession with intent to distribute
-Quantity (No minimum required)
-Purity
-Street Value
-Cash (How it is carried)
-Packaging
-Paraphernalia
-Drug sales area
-Presence of a firearm
What is the right of arrest for possession with intent to distribute?
Class A, B, and C FELONY. Class D and E misdemeanor arrestable on PC
Trafficking is defined as…?
To knowingly and intentionally
Manufacture, cultivate, distribute, or dispense; OR
To process with intent to manufacture, cultivate, distribute; OR
Carried into the Commonwealth; a specific amount or mixture of controlled substance
Remember: Trafficking is all about the weight!!
Common trafficking weights include
-Marijuana 50 lbs or more
-Cocaine 18 grams or more
-Heroin 18 grams or more
-Methamphetamine 18g or more
-Fentanyl 10g or more
-Carfentanil any amount
The right of arrest for trafficking is…?
FELONY
What are the two types of firearms licenses in Massachusetts?
LTC and FID
The LTC allows? The FID allows?
LTC: Possession of rifles, shotguns, and handguns in public
FID: Possession of rifles or shotguns in public
Unlawful possession of a Firearm/Rifle/Shotgun outside of Home or Business 269 s 10A
The defendant: Knowingly possessed (outside home or business), or had under his control in a motor vehicle, a firearm (barrel < 16in);
Doesn’t have a valid license to process the firearm outside of his home or office;
Does not qualify for one of the statutory exemptions from the licensing requirements
Right of arrest: FELONY
Elements of Unlawful possession of Firearm, Rifle, Shotgun, or Ammunition 269 s 10H
The suspect possessed an item; The item meets the legal definition of a firearm and/or ammunition; and
The suspect knew they possessed the firearm; and
The suspect did not have a valid FID card or
The suspect did not qualify for one of the exemptions in the law that are substitute for having a valid FID card
Right of arrest: Misdemeanor arrestable on Probable cause
