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Tim Study > Law > Flashcards

Law Flashcards

1
Q

Felony

A

Unless otherwise stated punishable by up to 4 years prison

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2
Q

Suspect knowingly restrains another person for purpose of holding in involuntary servitude

A

Kinapping

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3
Q

Person invoking right to remain silent only - invocation must be _________ before reinitiating of questioning

A

scrupulously honored

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4
Q

True or False - Michigan has no duty to retreat for a private person in a public place even if it can be done safely

A

False -

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5
Q

Biometric data to MSP of a felony arrest must be done within _______ hours of arrest

A

72

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6
Q

BAC level for commercial motor vehicle OWI

A

between .04 and .08

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7
Q

For an OWI offense it is necessary to show

A

the suspects capacity to drive was impaired as could be observed by another

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8
Q

Child Endangerment

A

operating while intoxicated, while visibly impaired, causing death, serious injury etc with another person in the vehicle LESS THAN 16 YEARS OF AGE

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9
Q

Duties for LE on scene of PPO violation where offender HAS NOT been served

A

Serve with true copy, or advised individual of the existence of the PPO, the specific conduct enjoined, penalties for violation, and wehre they may obtain a copy of the PPO

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10
Q

Threatening or intimidating a witness - affirmative defense

A

“preponderance of the evidence” that conduct was lawful and intention was to convince person to testify truthfully

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11
Q

Pistol purchase

A

prohibited by michigan law without having license to purchase pistol and registering it

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12
Q

Expectation of physical manipulation of luggage by police ? Allowed?

A

No - not without other evidence present - there is some expectation of privacy

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13
Q

Perjury

A

Making a false statement (not materially false but false) under oath

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14
Q

Child Kidnapping

A

Malicious enticement of child younger than 14 with intent to detain or conceal

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15
Q

True / False - Physical custody or control must be exercised by officer for valid arrest

A

False

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16
Q

Domestic violence report must be prepared within _______ hours of reporting to police

A

48

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17
Q

Unlawful Imprisonment

A

Restrain another person to keep confinement or location a secret

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18
Q

General Intent

A

suspect intended to do an act that is prohibited by law

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19
Q

Automobile exception to fourth amendment

A

Police may search entire vehicle, including closed containers that “may contain the items they are looking for” provided probable cause exists

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20
Q

LE shall give victim of crime, among other info, the contact information for the sheriff to determine whether the suspect has been released or not within _______

A

24 hours after arraignment

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21
Q

6th amendment

A

among other things a person shall enjoy the right to effective consel

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22
Q

Reporting time line for child abuse / neglect

A

Immediate telephone contact with DHS/CPS via telephone and written report within 72hours

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23
Q

Extortion Defense

A

threat made to victim may be made by WORDS only definite enough to be understood by a person of ordinary intelligence as a threat of injury

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24
Q

Transport firearm and ammo in vehicle without separate passenger compartment and without registration

A

locked container other than glovebox or console

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25
Q

Victims rights information shall be provided by LE to victim:

A

within 24 hours of initial contact with victim by pd

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26
Q

CSC 1st ages

A

at least 13 but less than 16

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27
Q

For CSAM offense a depiction “appearing to include a child” with person not actually 18 includes following elements:

A
  1. reasonable person would find whole depiction lacks serious artistic, political or scientific value
  2. depicts sexual act in a patently offensive manner
  3. average individual applying contempory standards finds the whole depiction shameful or morbid
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28
Q

FERPA Notification from bank …. LE required to do what within 10 days

A

provide written notification clearly indicating whether the reported incident is under investigation

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29
Q

Police Officer use of deadly force limited to situations where:

A

Officer has PROBABLE CAUSE to believe that felon poses serious threat of physical harm to himself or others

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30
Q

Aggravated Stalking - Elements (any)

A

stalking was committed in violation of court order, stalking contained credible threat, previous conviction of stalking

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31
Q

To prove offense of operating under influence of intoxicating liquor the prosecution must establish that the suspect -

A

was substantially deprived of normal control or clarity of mind

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32
Q

officer may break door or window on SW, after notice of his authority, to execute SW if:

A

refused admittance or to liberate the officer or person assisting officer

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33
Q

marijuana in a residence over 21 (MJ and MJ produced by plants total)

A

10oz

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34
Q

True of False - U&P Includes as copy of a document

A

TRUE

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35
Q

Victims compensation info given to victim by LE within …..

A

24 hours of initial report / contact

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36
Q

True or False - concern for public safety is an exception to the Miranda rule

A

True

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37
Q

probable cause for a warrant is determined by :

A

Facts in the affadavit

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38
Q

true or false - for U&P it is necessary that the document be accepted as genuine by the person the suspect tries to offer as real?

A

False

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39
Q

Soliciting a child for immoral purposes age ?

A

Less than 16

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40
Q

impaired driving when he/she would have otherwise committed OWI

A

when the suspect drove with less ability than the ordinary careful driver

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41
Q

CCW supported by suspect w/ obscured holster / belt outside cloting?

A

False

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42
Q

Suspect commits what crime when given property in a relationship of trust and then unlawfully appropriates the property …..

A

embezzlement

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43
Q

Child Kidnapping (maliciously entice child younger than ______ with intent to detain or conceal

A

14

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44
Q

Marijuana possessed by person over 21 in a residence

A

not more than 10 ounces of Mj and Mj produced by plants on premises

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45
Q

True or False - Uttering and Publishing includes a “copy” of the document

A

True

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46
Q

Any person 16 or older who accosts, solicits, or invites another by ______________ to commit prostitution or other lewd or immoral act in public is guilty of solicitation for prostitution

A

word, gesture or other means

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47
Q

Probable cause for a warrant is determined by ?

A

facts in the affadavit

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48
Q

marijuana possession for over 21 possess not more than ______ of MJ and of that not more than ______ be of a MJ Concentrate

A

2.5 ounces, 15grams concentrate

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49
Q

Offense of impaired driving when person would otherwise commit driving while under influence the suspect:

A

drove with less ability than an ordinary careful driver

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50
Q

Larceny false pretenses

A

involves obtaining title and ownership to a property as a result of fraud

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51
Q

Retail Fraud Penalties

A

3rd Degree - 93 Day Up to $200 stolen
2nd Degree - 1 year misd $200 to less than $1000
1st Degree - 5 yr felony over $1000

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52
Q

Short Barrel Rifle

A

Barrell less than 16 inches overall lesss than 26

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53
Q

Pistol

A

26 inches or less in length and by construction conceals itself

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54
Q

Schedule 4

A

low abuse and accepted medical use (barbituates, diazepam, xanax etc

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55
Q

Schedule 3

A

Moderate potential for abuse - codeine, lysergic acid compounds,

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56
Q

Schedule 2

A

High abuse potential but HAS medical uses. opium, cocaine, morphine, fentanyl, oxy, meth

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57
Q

Schedule 1

A

High abuse potential and NO medical use. Mescaline, Cat, Peyote, ecstacy, GBH, MJ, LSD, Bath salts

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58
Q

1st amendment

A

free speech

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59
Q

2nd amendment

A

bear arms

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60
Q

3rd amendment

A

housing soldiers in private homes

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61
Q

4th amendment

A

unreasonable search and seizure

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62
Q

5th amendment

A

Person cannot be:
required to answer for a capital offense without grand jury indictment
subjected to double jeopardy
Self incrimination
Deprived of life, liberty or property without due process

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63
Q

6th amendment

A

Procedural Due Process - Court Processes
speedy, public trial by impartial jury
informed of accusation
confront witnesses used against
Right to effective council
jury selection process

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64
Q

14th Amendment

A

Due process much as the 5th amendment but applicable to state law

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65
Q

Appeals to US Supreme Court are by petition of ?

A

Writ of ceritorari

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66
Q

Prosecutor

A

chief law enforcement officer of a county - authorizes complaints, represents county in civil matters, represents the “people” in criminal matters, has burden of proof in criminal trials

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67
Q

21 day rule

A

maximum amount of time between date of arraignment and prelim exam (unless waved)

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68
Q

8th amendment

A

excessive bail

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69
Q

Probable Cause

A

facts and circumstances to cause a person of REASONABLE CAUTION to suspect the person arrested has committed the crime, or that the place to search contains the evidence sought

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70
Q

Mens Rea

A

The guilty mind …. state of mind a defendant had when committing a crime

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71
Q

Specific Intent

A

Intent to accomplish the precise harm or result that occurred

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72
Q

General Intent

A

intent to do an act that is prohibited by law

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73
Q

Actus Reus

A

The guilty act

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74
Q

Misdemeanor punishment time

A

unless specifically stated …. 90 days

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75
Q

Statutes

A

law enacted by the legislature, governor or the people

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76
Q

Searching a home or it’s curtilage ……

A

Need a warrant

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77
Q

Crime scene execption for a sw ?

A

No. Not a thing.

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78
Q

Can we suspect the RO is driving a vehicle?

A

absent any other evidence … yes

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79
Q

Searching all inhabitants of a home during a SW ?

A

Not valid but the people can be “frisked” for officer safety concerns

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80
Q

Terry Stop

A

Reasonable under the 4th amendment for a police officer to stop a person without a warrant for investigative purposes if there is REASONABLE SUSPICION to believe he is committing a crime.

Is criminal activity afoot based on specific, articulable, reasonable inferences?
A pat down must be based on reasonable suspicion the person is armed
Last no longer than to eliminate or build up PC

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81
Q

Pennsylvania v Mimms

A

PD can order a driver out of a vehicle

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82
Q

Plain view

A

Strictly a seizure. No searching. Must be in a lawfully protected area and contraband must be readily apparent to the police

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83
Q

Consent

A

must be voluntary and made without threat or compulsion. No duty to tell ppl they can refuse consent

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84
Q

Search incident to lawful arrest

A

arrest must be a lawful, custodial arrest. Search is for weapons and evidence in reach of arrestee.

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85
Q

Search of vehicle incident to arrest (Arizona v Gant)

A

Officers my search a vehicle, incident to arrest, within reaching distance of the offender (if offender is in police car he is not in reaching distance) OR they may search for evidence of the crime a person was arrested for

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86
Q

Search of cell phones

A

get a warrant. unless exigency makes it so compelling a search has to happen

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87
Q

Warrantless entry to a home

A
  1. PC that evidence or suspect of a crime are still present. - or felony hot pursuit
  2. Specific facts require immediate action due to an actual emergency
  3. Immediate action to - prevent IMMINENT destruction of evidence, protect police officers or others inside or outside the home
  4. prevent escape of accused
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88
Q

Hot pursuit

A

requires that there must be some form of flight from defendant

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89
Q

Investigative detention / stop

A

temporary and last no longer than is necessary to effectuate the purpose of the stop. Police must diligently pursue investigation to confirm or dispel their suspicions.

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90
Q

Element of valid arrest

A
  1. authority (police officer)
  2. intent - officer must have intent to arrest and person should be informed of this
  3. force - some amount of force always used to effect an arrest, only the extent necessary and can be verbal command
  4. custody - verbal or physical custody or control
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91
Q

arrests w/o warrant

A

felony, misdemeanor or ordinance viol. committed in presence of officer
felony (or 93 day misd. and above) not in presence but reasonable cause to believe person commited it

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92
Q

PPO violation arrestees shall be brought before the court within _____ hours

A

24 hours after arrest

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93
Q

Force to effectuate arrests

A

only degree reasonably necessary to effect the arrest. judge in light of objective reasonableness standard by balancing the nature and quality of the intrusions with the countervailing governmental interests.

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94
Q

Entering home with arrest warrant?

A

May be done when PC Exists to believe the subject of the warrant is in the residence

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95
Q

Biometric Data to MSP after an arrest ?

A

Within 72 hoursw

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96
Q

Corpus Delecti (body of crime)

A

Applies to every crime - prosecutor must establish a crime happened before they can proceed or introduce a confession to said crime

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97
Q

6th amendment right to counsel (when does it attach?)

A

after initiation of judicial proceedings. 6th amendment right to counsel applies to judicial proceedings

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98
Q

Audio / visual recordings SHALL be made of ?

A

Major Felonies (20 year or more punishment or CSC III)

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99
Q

Right to remain silent

A

Questioning must stop - and be scrupulously honored - can be reinitiated after a reasonable amount of time

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100
Q

Miranda - invoked right to an attorney … when can PD re-initiate questioning?

A

2 weeks

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101
Q

Miranda waiver of rights

A

must be made voluntarily, knowingly and intelligently

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102
Q

Confessions made by threat or fear - real or perceived are …..

A

not admissable

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103
Q

Is the fifth amendment right to counsel violated by outfitting a jail inmate with a wire to talk to a suspect PRE-Arraignment?

A

No it is not violated and is admissable BEFORE arraignment

104
Q

Lineup right to counsel

A

applies to corporeal lineups at or after the initiation of judicial proceedings

105
Q

Where a corporeal lineup is not possible for an in custody defendant a photo lineup is allowed and counsel is allowed / required

A

true

106
Q

Inchoate Offenses

A

Incomplete crimes where a step toward commission of another crime is serious enough to merit punishment. Attempt, conspiracy and solicitation

107
Q

assault

A

suspect attempted to commit a battery or did an act that would cause a reasonable person to fear an immediate battery. 93 day If battery occurred the charge is assault and battery

108
Q

assault charge penalties (assault, a&b, domestic)

A

1st - 93 day
2nd - 1 year misd
3rd - 5 yr felony

109
Q

aggragavted assault

A

inflicts serous or aggravated injury 1st is a 1 yr previous conviction a 5yr

110
Q

assault on police penalties

A

1st - 2 yr felony
injury needing medical attention - 4 r
serous impairment - 15 yr
death - 20yr

111
Q

AWIM

A

must have committed an assault with the specific intent to kill - up to life penalty

112
Q

assault strangulation / suffocation

A

intentionally impeding circulation of the blood or breathing by applying pressure on the throat or neck or blocking the nose or mouth. 10 yr

113
Q

1st degree child abuse

A

willful commitment of the act and defendant intented to cause serious physical harm to child or serious mental harm

114
Q

2nd degree child abuse

A

willfully failed to provide food, water, clothing shelter etc or abandoned the child causing serious mental or physical harm. did reckless or cruel act

115
Q

3rd degree child abuse

A

knowingly or willfully caused physical harm

116
Q

child unattended in vehicle

A

under 6 without supervision of person 13 or older. no harm 93 day, phsyical harm 1 yr, serious physical harm 10yr, death 15 yr

117
Q

Requirements of PD to report child abuse once reported to them

A

Immediately over the telephone to intake and within 72 hrs written report filed

118
Q

fail to report child abuse penalty

A

93 day if misdemeanor abuse felony otherwise (4yr)

119
Q

Solicit child for immoral purposes

A

less than 16 years of age - intent to force child to commit immoral act, sex, gross indecency or other depravity

120
Q

csc 1st

A
  1. Penetration w/ victim under 13
    or
    Penetration at least 13 but under 16 and … blood affinity 4th degree, coercion by authority position, members of same household, (other suspect was employee of)
121
Q

csc 2nd

A
  1. contact with victim under 13
    or
    contact with at least 13 but under 16 and … blood affinity to fourth degree (steps and grands up) coercion by authority, same house - employee or position of “help”
122
Q

csc 3rd

A

penetration and victim at least 13 and and under 16
or
force / coercion
incest
incapacitated victim
blood affinity to third degree

123
Q

csc student 3rd (felony)

A

victim 16 or 17 - perpetrated w/ penetration by teacher or school employee

124
Q

csc 4th 2 yr misd

A

contact with victim 13 but under 16
or
force/coercion
incest (3rd degree affinity)

125
Q

assault with intent to commit csc

A

penetration 10 yr
no penetration 5 yr

126
Q

CSC Victims @ hospital

A

csc kit shall be offered if incident happened in prior 5 days. victim does not have to consent and they shall bot be required to speak with PD if they dont want to

127
Q

CSC Kit

A

hospital shall notify PD of kit within 24 hours of getting consent from victim to do so. PD has 14 days to get it from hospital

128
Q

CSC Victims Rights - after pd contact

A

within 24 hours of initial contact with police CSC victim shall be given victims rights info:
contact information for local sexual assault services, notice of free sexual assault kit availability at hospital, notice they are not required to participate with police, PPO info, right to request case information info

129
Q

CSC Victim Case Information Request

A

CSC victim can request and shall be given contact info for officer handling the case, current status of case, whether case at the prosecutor, if has been closed and why

130
Q

csam possession

A

knowingly possess csam, 4 years felony, 10 if involving a prepubescent child, bestiality or more than 100 images

131
Q

disseminate sexual material (revenge porn)

A

victim must be identifiable from the video, victim did not consent, obtained illegally
93 day first offense 1 yr misd the next

132
Q

indecent exposure

A

knowingly exposed part of body, could have been or was observed by another person who would be offended. can happen in a private setting, does not have to be seen just “could have been”

133
Q

soliciting for prostitution

A

person 16 or older who accosts, solicits or invites another person in a public place or in from a building or vehicle by WORDS, GESTURES OR OTHER MEANS, to commit prostitution or do any other immoral act or crime.
1st is a 93 day, 2nd is a 1 year misd, 3rd a 2 yr felony

134
Q

Prostitution Penalties

A

Same for all - permit a place or prostitution, engage services of prostitute, aiding and abetting prostitution, allowing minor to remain in house of prostitution ….
93 day, 1 yr mis, 2 yr fel

135
Q

1st degree murder

A

willful, deliberate and premeditated killing, murder of a police or corrections officer. defendant caused the death of victim, intent to kill, thought our premeditated, deliberate

136
Q

voluntary manslaughter

A

15yr - unlike murder does not require malice. suspect caused the death, intended to kill or cause great bodily harm, or knew it could happen - defendant acted out of emotional excitement that a reasonable person may have acted on as well.

137
Q

involuntary manslaughter

A

gross negligence - more than careless, willfully disregarding results that may follow from an act or failure to act. danger was known, could have been avoided and failed to use ordinary care to prevent injury

138
Q

kidnapping

A

knowingly restrained another person with intent to do one of the following:
ransom, use as shield, engage in CSC, remove from state, hold in servitude, CSAM

139
Q

unlawful imprisonment

A

knowinglyl restrained: wiwth a weapon, secretly confined, to commit another felony or to flee

140
Q

child kidnapping age

A

under 14

141
Q

trafficking penalties

A

no injury - 10 yr
bodily injury after being engaged in commercial CSC activity - 15yr
SBI - 20yr
kidnapping, csc 1st, or a death - life

142
Q

Larceny from person

A

Ten year felony.

143
Q

Unarmed Robbery

A

15 yr - force or violence or putting another in fear. Defendant / victim need no own the peroprty

144
Q

Armed Robbery

A

up to life

145
Q

How can extortion statements be made?

A

Orally or written / printed communication

146
Q

Vulnerable adult penalties

A

15, 4, 2 mis, 1 mis

147
Q

FEPA Requirements (reporting)

A

within 10 days to the bank - written notification whether the incident is under investigation.

within 10 days to the prosecutor - notify county prosecutor - report to them and action taken

148
Q

missing / vulnerable adult

A

at least 60 years old and unable to return to residence w/o assistance. Or person missing with senile or mental condition putting them in danger. LE shall prepare report as soon as practible. Investigation shall be done

149
Q

stalking

A

pattern of 2 or more non consecutive events evidencing a continuity of purpose. . reasonable person would feel terrorized, frightened, intimidated etc and they ACTUALLY did feel that way.

150
Q

Harassment

A

Repeated or continuing non consented contact that would cause a reasonable person to suffer emotional distress AND the person / victim did suffer emotional distress

151
Q

Aggravated Stalking

A

5 r - stalking elements but also violated a court order or restraining order - previous stalking conviction

152
Q

Stalking under 18

A

under 18 at any time during events for victim and the stalker is more than 5 years older it’s a felony up to 10

153
Q

hazing penalties

A

injury - 93 day SBI - 5yr Death - 15 yr

154
Q

Malicious Telecommunications

A

repeatedly calling and not speaking when phone answered - among other

155
Q

Identity Protection Act Penalties

A

5, 10 or 15 yr (1st, 2nd, 3rd offense)

156
Q

Poisioning Penalties

A

no injury 15 yr, property damage 20yr, physical injury 25 yr, SBI - life

157
Q

Controlled substance analogue

A

Has chemical structure similar to schedule 1 or 2 drug. has similar effects, it is intended to have similar effects,

158
Q

Knowing possession of drug

A

not necessarily ownership, EITHER 1. actual physical control of the substance or the person has the right tocontrol the substance - even though it is in a different room or place. not enough to merely know merely know about it

159
Q

Date rape drugs

A

delivery of a substance in order to commit csc - 20 yr felony. Non consenting victim and INTENT to CSC victim (GBL or GHB Generally)

160
Q

use of inhalants

A

93 day misd.

161
Q

running meth lab penalty

A

20yr

162
Q

sale of drug paraprhrenalia

A

90day

163
Q

Marijuana allowable limits

A

possess transport, use, consume or process not more than 2.5 ounces (of that no more than 15 grams of mj concentrate

12 plants in a residence - 10 ounces in a home

Can give away up to 2.5 oz

164
Q

marijuana exceeding limits (less than two times the allowable)

A

1st and 2nd - civil infraction
3rd misd - no jail

165
Q

possess marijuana under age 21

A

civil infraction

166
Q

Secure marijuana transporter inspection

A

subject administrative inspection by PD at any point during transportation of mj

167
Q

MJ Grower License Amounts

A

Class a - 500 plants
Class b - 1000
Class c - 1500

168
Q

Pistol

A

less than 26 inches in length OR by its construction and appearance conceals itself as a firearm

169
Q

Failure to report firearm stolen

A

state civil infraction - must report within 5 days of knowing it was stolen

170
Q

Unlawful weapons (5 yr felony) manufacture, sell, offer for sell or posses:

A

machine gun, silencer, bomb, blackjack, slungshot, billy (small bludgeon carried in pocket), sandbag or sandclub, metallic knuckles, (DOES NOT APPLY TO OC SPRAY UNDER 18%)

171
Q

Short barrel shotgun

A

barrel under 18 inches or total under 26

172
Q

short barrel rifle

A

barrel under 16 inches or total under 26

173
Q

Intentionally aiming firearm without malice

A

point a firearm at another person without intent to harm - 93 day misd. If fired its a 1 yr misd

174
Q

Discharge firearm from vehicle

A

Endangers person - 10 yr
Injury - 15 yr
SBI - 20 yr
Death - up to life

175
Q

Discharge firearm at dwelling (person knows or has reason to believe is occupied)

A

No injury 10 yr
injury 15 yr
sbi 20 yr
death - up to life

176
Q

Brandish firearm in public penalty

A

90day misd

177
Q

Possess firearm while intox (over .8) penalty

A

no injury 93 day
SBI - 5 yr
death of another by discharge of firearm or use in ANY manner - 15yr
*** pbt results are admissable in this law as it is not written under the traffic code

178
Q

Drunk hunting penalty

A

90day

179
Q

Possess firearm during commission of felony

A

Mere possession is a crime. If a pneumatic gun is possessed it is a felony if it was used to further the crime. 1st conviction 2 yr fel, 2nd a 5 yr and 3rd a 10 yr

180
Q

Actual or Constructive Possession of a weapon

A

Can be either: Actual is having it. Constructive is proximity with an indica of control i.e. Location of weapon is known and it is reasonably accesible

181
Q

Felon possess firearm or ammo

A

Felony conviction must have been for 4 or more year. Rights to possess are restored after three or four years from conviction depending on conviction. 5 years for substance abuse, B&E or use of force

182
Q

Transport of unloaded firearm (long gun)

A

90day mis - unless gun is taken down, in a case, in trunk or inaccesible, unloaded

183
Q

Concealment for ccw

A

does not have to be totally concealed. “weapon is concealed if it is not observed by those casually observing the suspect as people do in the ordinary and usual associations of life

184
Q

Essential element of CCW

A

defendant must have knowingly carried the weapon

185
Q

CCW

A

knowingly carried a dirk, dagger, stiletto, double-edged nonfolding stabbing instrument of any length, pistol, on a person or in a vehicle 5 yr felony

186
Q

ccw vehicle

A

defendant was in the vehicle that a pistol or prohibited weapon was in and knew said weapon was there

187
Q

ccw v. unlawful intent carrying

A

CCW offense is the act of carrying the weapon (pistol or stabbing instruments) carry with unlawful intent is ANY object that can be used as a weapon if the INTENT is to use it as such. Intent / reason for carrying is important. Not needed with CCW

188
Q

carry concealed while drinking penalties

A

.02-.079 civil infraction and 1 yr suspension of CPL
.08-.099 93 day and 3 yr susp
.10 and more 93 day and revocation

189
Q

CPL Holder Prohibited Premises

A

School, School Property, Public or private child care, sports arena, bar or tavern, church, entertainment venue over 2500 capacity, hospital, dormitory or college classroom, casino

190
Q

possess a weapon in a school zone penalty

A

93 day (CPL Holders Exempt) state supreme court said that school districts can enact policy banning weapons on property (clio schools banned cpl holders from open carry)

191
Q

explosives as implements of terrorism (shall not send, deliver, to another person an explosive or cause an explosive to be taken by another person with intent to - frighten, terrorize, intimidate, injure or kill OR damage property penalties

A

No damage 15 yr, damage 20 yr, injury 25 yr, sbi up to life, death life w/o parole

192
Q

Molotov cocktail or similar device (posses, buys, sells, furnishes or uses)

A

no damage 15 yr, damage 20 yr, injury 25yr sbi up to life death LWOP

193
Q

*****Any crime under 750.212a (Explosives) will get a 20 year enhancement if commited against a vulnerable target (public facilities, airports, health care, child care etc)

A

true

194
Q

fireworks under the influence penalties

A

no damage - civil infraction, damage to anthers property 90day, SBI 5 yr, Death 15yr

195
Q

UDAA facts

A

does not matter if intent to permanently deprive. if vehicle belonged to someone else, suspect took it, suspect did not have authority or permission to do so, anyone assisting may be guilty as well

196
Q

Larceny

A

stealing of: money, goods, chattels, bank notes, bank docs, book of accounts, deeds, writ scrap metal (taken without consent, some movement required, intent to permanently deprive, property had some value

197
Q

Larceny Amounts / Penalties

A

Less $200 93 day

Less than $200 to less $1000 1 yr mis (or less than 200 with prior)

$1000 to less than $20,000 5 yr (or 200 to less than 1k w/ prior)

Over $20,000 10 year (or 1000 to under 20k w/ prior)

198
Q

larceny from person

A

10 yr - property was in immediate presence of victim

199
Q

larceny parts from motor vehicle

A

5 yr

200
Q

LFA / Breaking in to Vehicle (same elements of larceny) also for breaking the same as b&e .. some “force” (open door / window) some entry penalties

A

under 200 93 day

200-less than 1000 1 year Unless prior for under 200
1000 to less than 20,000 - 5 yr unless prior for 200 to under 1000
over 20000 - 10 yr unless prior for 1000 to under 20

201
Q

larceny by conversion

A

property voluntarily given to defendant to borrow - after taking the property the suspect developed the intent to convert the property to their own use. property borrowed or given in relationship of trust at first

202
Q

false pretense

A

involves a trick, or fraud - makes someone believe something that is false. sell transfer or mortgage property falsely.

203
Q

Retail Fraud Penalties

A

3rd degree under $200 93 day
2nd Degree $200 to less than $1000 1 yr
1st Degree - Over $1000

committing a new crime with a prior conviction of a higher one up the scale will enhance …. i.e. commit a third degree (under 200) with a prior conviction of second degree will make it a second*

204
Q

embezzlement - specific intent - distinction between it and larceny is that in embezzlement the taking is of property and/or money that came in to ones possession rightfully penalties

A

Under 200 - 93 day
under 200 from a charity or NP - 1 misd
200 to under 1000 1 yr misd
200 to under 1000 from charity or NP 5yr
1000 to under 20,000 5 yr
1000 to under 20,000 from Charity or NP 10 Yr
20,000 to under 50,000 10 yr
50,000 to under 100,000 15 yr
over 100k 20 yr

205
Q

enter w/o breaking

A

enter, w/o breaking, of a structure or dwelling with intent to commit larceny. 5yr

206
Q

enter without intent

A

90 day

207
Q

1st Degree Home Invasion

A

up to 20 yr - broke in to a dwelling or entered w/o permission. intended to or did commit a larceny, felony or assault and was ARMED or A person was present

208
Q

2nd Degree Home Invasion

A

15 yr - breaking and entered … had intent to commit a larceny, felony or assault

209
Q

3rd Degree Home Invastion

A

breaking and entered … intent to commit a misdemeanor violated a term of ppo / injunction

210
Q

forgery

A

defendant WITH INTENT falsely makes, alters, forges, or counterfeits a document …. up to 14 yr felony. Specific intent to defraud or cheat

211
Q

U&P

A

Includes a copy of a document - mere offering up a check (forged and/or fraudulent) is enough to satisfy the statue

212
Q

Skimmer possession, use, purchases, install, transfer etc

A

1 to 5 yr felony

213
Q

Misrepresent a charitable organization

A

6 month misd 1k to 5k stolen

214
Q

R&C Stolen Property - dollar amounts / penalties

A

less than 200 93 day
200 to less than 1000 1 yr mis
1000 to less than 20000 5 yr
over 20k is a 10 yr

Penalties enhance up a notch like retail fraud

215
Q

First Degree Arson - up to life

A

Willfully or maliciously burns, damages or destroys by fire:
multi unit building or structure - regardless of occupancy
ANY building or structure where one is injured
a mine

216
Q

“Burning” for arson

A

any part of the property is “burnt” no matter how small …. merely “blackened” is not burnt but it is burnt if any part is charred

217
Q

2nd degree arson - 15 yr

A

willful or malicious burning, damaging or destroying by fire a dwelling, regardless of occupancy, (so no injury, and not multi unit or it would be a first degree)

218
Q

3rd degree arson 10 yr

A

structure, personal property valued at more than 20k or 1000 if prior arson convictions

219
Q

4th degree arson 5yr

A

personal property 1000 or more but under 20k

220
Q

5th degree arson 1 yr misd

A

personal property under 1000

221
Q

Preparation to Burn

A

uses, arranges, places, devises or distributes an inflammable liquid or device in or near a building , structure, real property, personal property with intent to commit arson is guilty of a crime

222
Q

Prep to burn personal property

A

under 200 93 day
200 to under 1000 1 yr misd
1000 to less than 20k 5 yr
over 20k 10 yr

kickers the same as retail fraud would be

223
Q

mdop penalties

A

under 200 93 day
200 to less than 1000 1 yr misd
1000 to less than 20000 5 yr
over 20000 10 yr

224
Q

bomb threat

A

4 yr felony

225
Q

aid escape of prisoner

A

misdemeanant - 1 yr
felon 7 yr

226
Q

disarm police officer

A

10 yr

227
Q

R&O

A

assault, batter, wound, resist, obstruct, oppose or endanger police
defendant knew the victim was a police officer
no injury 2 yr felony
injury w/ medical attention 4 yr
SBI 15 yr
Death 20 yr

228
Q

Flee and Elude Penalties

A

1st (death) 15 yr
2nd (SBI) 10 yr
3rd (Crash) 5 yr
4th 2 yr

229
Q

Furnish alcohol to minor

A

1st 60 day
additional 90 day

Casing death (proximata cause) 10 yr

230
Q

MIP

A

civil
30day
60 day

231
Q

pbt of a minor for MIP

A

request only - cant force w/o court order

232
Q

MIP notification rules

A

48 for under 18 (so for 17 year olds)
Less than 17 is immediate

233
Q

animal cruelty

A

1 animal injured 93 day
2-3 or death of any 1 yr misd
4-9 or priors 2 yr fel
10 or more or 2 priors 4 yr

234
Q

animal cruelty - general intent crime

A

torture / killing 4 yr

235
Q

kill police dog

A

5 yr

236
Q

disorderly at a funeral

A

2 yr second offense 4 yr

237
Q

Unlawful assembly

A

4 or more people who assemble or work together to enagage in conduct that would be a riot

238
Q

Juvenile System - Terminology

A

delinquent not criminal, petition not warrant, apprehended not arrested, Must be FORTHWITH turned over to parents or court,

239
Q

Family Division of Circuit Court

A

exclusive jurisdiction over children under 18 who: violate any ordinance or law, run away, are truant, are repeatedly disobedient to reasonable and lawful demands of parents or guardians

240
Q

Police can take custody of a child when:

A

subject to a court order authorizing apprehension
At risk of harm
Found violating a law or ordinance
Violating a PPO

241
Q

Parent / Guardian Notification

A

Upon taking a juvenile in to custody a police officer must immediately attempt to notify the parents or guardian

242
Q

Release to parent / guardian

A

Unless immediate detention required child SHALL be released to parent / guardian with written promise to bring child to court at a fixed time. IF not released to parent then child shall be brought immediately before the court. Court will make placement decision

243
Q

Detention of juvenile reasons

A

nature of violation makes release not in interest of public
no parent located
parent refused

244
Q

Domestic assault penalties

A

1sy 93 day
one prior 1 yr mis
2 or more prior 5 yr

245
Q

aggravated domestic penalties

A

1 yr or a 5 yr with a prior domestic conviction

246
Q

Domestic Reporting Requirement

A

Police SHALL prepare a written report and it SHALL be filed with prosecutor within 48 hours of being reported to Police

247
Q

stalking penalty

A

1 yr mis 5 yr felony if victim under 18 and suspect 5+ years older

Aggravated Stalking is 5 yr and a 10 yr with same parameters

248
Q

Crime Victims Rights Acts - Notice to victim

A

Within 24 hours of initial contact with victim of a crime, juvenile offense or serious misdemeanor. Police shall give crime victims rights information … medical services, victims compensation, address and tx to prosecutor, information about case notification

249
Q

Crime victims rights notice of arraignment

A

No later than 24 after arraignment for crime pd shall provide: notice of availability of pre-trial release, tx to sheriffs office and notice that victim can contact sheriffs office regarding info about release of suspect

250
Q

Direct evidence

A

if believed, proves existence of fact in issue without inference or presumption

251
Q

Deadly force to stop fleeing felon

A

suspect threatened the office with a weapon OR PC that the suspect commited a crime inflicting or threatening to inflict SBI or death. Some warning was given when feasible, alternative steps are not likely to control the suspect safetly

252
Q

Citizen use of force

A

Force allowed in defense of imminet attack (not deadly)
deadly allowed if in fear of imminent attack of death or SBI or sexual assault
Has to not be commiting a crime and in a place legally allowed to be
no duty to retreat but if in public and you can retreat but use deadly force it can be an issue
No duty to retreat in your home

253
Q

Intentional Tort

A

act done on purpose - an officer striking another without justification

254
Q

negligence (tort)

A

In michigan an officer must be shown to have been grossly negligent

255
Q

constitutional tort

A

violation of a constitutional right

256
Q

public duty doctrine

A

if an individual is required to perform a duty to the public - a failure to do so does not provide the basis for another person to recover damages unless there is a special relationship

257
Q

Police immunity

A

if acting reasonably in the scop of authority, engaged in a governmental function and the conduct did not exhibit GROSS NEGLIGENCE that is the PROXIMATE cause of the injury

Tim Study (4 decks)

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