Exam 7 Final Version

Question 1

Know the ROA and the amount

What is the right of arrest for possession of over 2 ounces of marijuana in public by an adult (age 21 and over)?

Answer 1

It is a misdemeanor arrestable on probable cause

Question 2

Know that +2 oz is arrestable misdemeanor

What is your response to an adult 21 and older who possesses more than 1 ounce but less than 2 ounces (in public)?

Answer 2

$100 civil fine and forfeiture of the excess marijuana (adult may walk away with an ounce)

Question 3

Know the ages, amounts, penalties

It is illegal for minors under 21 to possess any marijuana privately or publicly. Give the ROA for under two ounces and over 2 ounces>

Answer 3

(Ages 18-20) 2 oz or less is a $100 civil fine

More than 2 ounces is an arrestable misdemeanor on probable cause

A juvenile under 18 must pay a $100 fine and complete a drug education program and community service within 1 years of the date of the offense.

Question 4

Police may or may not detain a person with a small amount of marijuana who appears to be 21 or over, is not consuming it in public or a prohibited area, and is not engaged in illegal distribution?

Answer 4

MAY NOT!!

Question 5

This is distribution!!

Someone is selling, or intending to sell, marijuana (any amount). What is your strongest action?

Answer 5

Arrest for the misdemeanor.

Question 6

This is growing marijuana at a person’s primary residence. Know ROA

What is the right of arrest for the person who grows marijuana at any location outside his primary residence?

Answer 6

Misdemeanor arrestable on probable cause

Question 7

Know the amounts

How much marijuana may a person grow at his/her primary residence?

Answer 7

6 plants per adult, but no more than 12 plants, regardless of how many adults live there. They may possess 10 ounces or less of marijuana cultivated at the home.

Question 8

What action do you take if someone has cultivated too many plants at his/her primary residence?

Answer 8

Example: If an adult has 8 plants, then you issue a $100 civil ticket and seize the excess 2 plants.

Question 9

What is your strongest action for someone publicly consuming or smoking marijuana?

Answer 9

Issue a $100 civil fine

Question 10

Remember, add-on charge

Furnishing false name or social security number to law enforcement officer
268 s 34A

Remember, there is no right of arrest for this. Why?

Answer 10

This is an additional (Misdemeanor) charge. There is no statutory right of arrest (the S is already under arrest).

Question 11

No ROA, except if interfering w/arrest of another

Resisting Arrest 268 S 32B

Answer 11

Elements
Prevent or attempt. The suspect knowingly prevented or attempted to prevent;
Police officer. 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;
Arrest. From effecting an arrest of:
The actor; or
Another person;
Force, threat, risk of injury. By using the police officer or another person:
Physical force or the threat of physical force; or
Any other means that creates a substantial risk of bodily injury.

Right of arrest Because an arrest is being made, officers continue to do so. If it is a person interfering with the arrest of another, officers may arrest for an obvious breach of the peace.

Question 12

Resisting arrest must occur at some point during the ( ) process.

Answer 12

arrest

Question 13

With resisting arrest, post arrest activities do not qualify.

Answer 13

True

Question 14

Be able to identify what counts for sufficient resistance

Examples of sufficient resistance for resisting arrest

Answer 14

1. Physically struggling with the police.
2. Stiffening or flailing arms to prevent cuffing.
3. Stiffening body to prevent placement in cruiser.
4. Using force “in opposition” to officers

Question 15

Know these

Examples of things that may not be examples of resisting arrest

Answer 15

1. Flight (only if it creates a substantial risk of injury)
2. Refusing to emerge from a hiding place upon command
3. Mouthing off prior to arrest

Question 16

Know what the keyword FACT stands for and know the ROA

Disorderly conduct

Answer 16

Elements
Cause or risk. The suspect purposefully caused or recklessly created a risk;
Public reaction. Of public inconvenience, annoyance, or alarm;
Misconduct. By one of the following types of conduct (keyword FACT):
Fighting; or
Agitated or tumultuous behavior; or
Creating a hazard or physically offensive condition by any act that served no legitimate purpose; or
Threatening to use force.

Right of arrest Warrantless arrest in presence in public

Question 17

Know the definition

Definition of “fighting words”

Answer 17

1. Are directed at a particular person and
2. most likely would provoke an immediate violent response

Note: Includes racial or ethnic slurs, or derogatory remarks about sexual orientation, religious beliefs, etc

“The person addressed is likely to respond violently.”

Question 18

Can you arrest a person for being homeless?

Answer 18

NO

Question 19

Know ROA and “time, place, manner”

Disturbing the peace

Answer 19

Elements
Objectively annoying conduct. The suspect engaged in conduct “which tends to annoy all good citizens;” and
Victim annoyed. Did, in fact, annoy anyone present.

Right of arrest Warrantless arrest in presence in public

Key thing is “time, place, and manner.”

There must be a victim. A 911 call proves a citizen was annoyed or disturbed.

Question 20

There is an ROA, but know preferred response

Keeper of a disorderly house
272 s 53

Answer 20

Elements Scheft 23-9
Controls premises. The suspect completely or partially controls or manages the premises;
Knowledge. Knows that the place has become disorderly;
Habitual disorder. Because of habitual:

Noise that disturbs the peace of the neighborhood;
Drinking alcoholic beverages;
Gambling;
Prostitution; or
Gatherings of “persons engaged in unlawful practices, thereby endangering the public peace and corrupting good morals.”

Note: Use this after repeat visits to a home for loud parties and underage drinking. Do a 1.1 for each incident.

Right of arrest Warrantless arrest in presence in public (very rarely). Typical response is a complaint following a series of incidents.

Question 21

Know ROA

False fire alarms

269 s 13

Answer 21

Elements
Without reasonable cause;
By outcry or the ringing of bells; or
Makes or circulates or causes to be made or circulated a false fire alarm.

ROA (M) in presence breach of peace. If not, complaint.