CRIMINAL LAW EXAM 6 25 POINTS Flashcards
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)?
Complaint Only
What would be considered to be a Large Capacity Shotgun?
More than 5 shotgun shells
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!!
- Take note of: the firearm’s location;
- It’s proximity to the authorized user or owner;
- And that person’s ability to immediately reach the firearm
How does an officer determine whether a weapon is kept in a “secure container”?
A secure container must be capable of being unlocked only by means of a key, combination, or other similar means.
True/False: Storing your firearms in your bedroom while the door is locked is considered to be a secure container?
False
What is the Right of Arrest for improper storage of any gun if someone under 18 has potential access?
FELONY
What is the Right of Arrest for improper storage of a large capacity gun?
FELONY
What is the most common Class B drug?
Cocaine
Synthetic marijuana belongs in what Class of drugs?
Class C
To identify a Large capacity firearm or rifle, it must be capable of accepting more than __ rounds?
10 rounds
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
- Posted Sign
- Verbal Ejection
- Privacy precautions
- No trespass notice
- Court Order
What are the three main charges for a typical firearm arrest? TEST QUESTION!! OPEN RESPONSE!!
-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
What is the Right of Arrest for Witness intimidation (268 s 13B) and the most common- OPEN RESPONSE!!
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.
To review, what is the most common Class A drug?
Heroin
What is the right of arrest for possession with intent to distribute?
Hint: Intent to distribute
Class A, B and C are felony
Class D and E misdemeanor arrestable on probable cause
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?
Complaint Only
What is the right of arrest for a suspect under 18 carrying an air or CO2 (269 s 12B) gun without license?
Seize the weapon and seek complaint
What is the right of arrest for trespass after notice (266 s 120)?
Misdemeanor arrestable in presence
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?
Strongest action: Misdemeanor, breach of peace, in presence.
Otherwise, complain.
Improper storage of non-large capacity guns or any stun gun. ROA is?
Misdemeanor. Confiscate and complain.
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?
Misdemeanor in presence
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?
Misdemeanor, breach of peace, in presence
What is the Right of Arrest for a person secretly recording another person (not a police officer).
FELONY
Open and gross lewdness is different from indecent exposure in four (4) ways. In front of Childrens
- Felony
- Exposure must be done publicly
- Exposure may involve buttocks, not just genitals or breasts
- Onlooker(s) must experience “alarm or shock.”