CRIMINAL LAW EXAM 6 25 POINTS Flashcards

1
Q

What is the right of arrest for a person discharging a firearm within 500 feet of a building in use (M.G.L 269 s 12E)?

A

Complaint Only

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2
Q

What would be considered to be a Large Capacity Shotgun?

A

More than 5 shotgun shells

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3
Q

When it comes to improper storage charges, officers must determine whether the firearm was under the offender’s control. How do you determine this? OPEN RESPONDER!!

A
  1. Take note of: the firearm’s location;
  2. It’s proximity to the authorized user or owner;
  3. And that person’s ability to immediately reach the firearm
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4
Q

How does an officer determine whether a weapon is kept in a “secure container”?

A

A secure container must be capable of being unlocked only by means of a key, combination, or other similar means.

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5
Q

True/False: Storing your firearms in your bedroom while the door is locked is considered to be a secure container?

A

False

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6
Q

What is the Right of Arrest for improper storage of any gun if someone under 18 has potential access?

A

FELONY

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7
Q

What is the Right of Arrest for improper storage of a large capacity gun?

A

FELONY

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8
Q

What is the most common Class B drug?

A

Cocaine

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9
Q

Synthetic marijuana belongs in what Class of drugs?

A

Class C

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10
Q

To identify a Large capacity firearm or rifle, it must be capable of accepting more than __ rounds?

A

10 rounds

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11
Q

To review, what are the 5 ways that property owners can communicate to the public the areas that are off limits. TEST QUESTION!! MAY BE OPEN RESPONSE

A
  1. Posted Sign
  2. Verbal Ejection
  3. Privacy precautions
  4. No trespass notice
  5. Court Order
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12
Q

What are the three main charges for a typical firearm arrest? TEST QUESTION!! OPEN RESPONSE!!

A

-269 s 10 (a) Possession of Firearm without license

-269 s10 (h) Possession of Ammo without FID Card

-269 s 10 (n) Possession of loaded firearm

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13
Q

What is the Right of Arrest for Witness intimidation (268 s 13B) and the most common- OPEN RESPONSE!!

A

FELONY

Most common example is the suspect in a domestic violence incident preventing the victim from calling 911. For example, grabbing the phone from the victim or smashing the victim’s phone.

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14
Q

To review, what is the most common Class A drug?

A

Heroin

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15
Q

What is the right of arrest for possession with intent to distribute?

Hint: Intent to distribute

A

Class A, B and C are felony

Class D and E misdemeanor arrestable on probable cause

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16
Q

What is the right of arrest for a suspect over the age of 18 carrying an air or CO2 (269 s 12B) gun without license?

A

Complaint Only

17
Q

What is the right of arrest for a suspect under 18 carrying an air or CO2 (269 s 12B) gun without license?

A

Seize the weapon and seek complaint

18
Q

What is the right of arrest for trespass after notice (266 s 120)?

A

Misdemeanor arrestable in presence

19
Q

What is the right of arrest for a person carrying a loaded firearm while under the influence of liquor, marijuana, narcotic drugs, depressants or stimulants?

A

Strongest action: Misdemeanor, breach of peace, in presence.

Otherwise, complain.

20
Q

Improper storage of non-large capacity guns or any stun gun. ROA is?

A

Misdemeanor. Confiscate and complain.

21
Q

Accosting and annoying person: A reasonable person would find the behavior or language sexually offensive - which means that it violated contemporary standards of decency and causes real displeasure, anger, or resentment. What is the Right of Arrest?

A

Misdemeanor in presence

22
Q

There is no right of arrest for a person secretly recording the police. However, if a person hinder the police action, what is the right of arrest for that action?

A

Misdemeanor, breach of peace, in presence

23
Q

What is the Right of Arrest for a person secretly recording another person (not a police officer).

24
Q

Open and gross lewdness is different from indecent exposure in four (4) ways. In front of Childrens

A
  1. Felony
  2. Exposure must be done publicly
  3. Exposure may involve buttocks, not just genitals or breasts
  4. Onlooker(s) must experience “alarm or shock.”
25
What is the Right of Arrest for open and gross lewdness? Body parts consist of genitals, buttocks and breasts.
FELONY
26
What is the right of arrest for indecent exposure (genitals only) to another person?
Warrantless arrest in presence in public. Complaint, in private
27
What is the right of arrest for an unlawful possession of a loaded firearm?
No statutory charge for a loaded firearm. It is an additional charge.
28
FID and LTC are valid for how long?
6 years
29
What is the Right of Arrest for a suspect and prostitute for Sexual Conduct for a fee c272 s53A?
Misdemeanor and warrantless arrest in presence