Law Flashcards
1
Q
Felony
A
Unless otherwise stated punishable by up to 4 years prison
2
Q
Suspect knowingly restrains another person for purpose of holding in involuntary servitude
A
Kinapping
3
Q
Person invoking right to remain silent only - invocation must be _________ before reinitiating of questioning
A
scrupulously honored
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 -
5
Q
Biometric data to MSP of a felony arrest must be done within _______ hours of arrest
A
72
6
Q
BAC level for commercial motor vehicle OWI
A
between .04 and .08
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
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
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
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
11
Q
Pistol purchase
A
prohibited by michigan law without having license to purchase pistol and registering it
12
Q
Expectation of physical manipulation of luggage by police ? Allowed?
A
No - not without other evidence present - there is some expectation of privacy
13
Q
Perjury
A
Making a false statement (not materially false but false) under oath
14
Q
Child Kidnapping
A
Malicious enticement of child younger than 14 with intent to detain or conceal
15
Q
True / False - Physical custody or control must be exercised by officer for valid arrest
A
False
16
Q
Domestic violence report must be prepared within _______ hours of reporting to police
A
48
17
Q
Unlawful Imprisonment
A
Restrain another person to keep confinement or location a secret
18
Q
General Intent
A
suspect intended to do an act that is prohibited by law
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
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
21
Q
6th amendment
A
among other things a person shall enjoy the right to effective consel
22
Q
Reporting time line for child abuse / neglect
A
Immediate telephone contact with DHS/CPS via telephone and written report within 72hours
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
24
Q
Transport firearm and ammo in vehicle without separate passenger compartment and without registration
A
locked container other than glovebox or console
25
Victims rights information shall be provided by LE to victim:
within 24 hours of initial contact with victim by pd
26
CSC 1st ages
at least 13 but less than 16
27
For CSAM offense a depiction "appearing to include a child" with person not actually 18 includes following elements:
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
28
FERPA Notification from bank .... LE required to do what within 10 days
provide written notification clearly indicating whether the reported incident is under investigation
29
Police Officer use of deadly force limited to situations where:
Officer has PROBABLE CAUSE to believe that felon poses serious threat of physical harm to himself or others
30
Aggravated Stalking - Elements (any)
stalking was committed in violation of court order, stalking contained credible threat, previous conviction of stalking
31
To prove offense of operating under influence of intoxicating liquor the prosecution must establish that the suspect -
was substantially deprived of normal control or clarity of mind
32
officer may break door or window on SW, after notice of his authority, to execute SW if:
refused admittance or to liberate the officer or person assisting officer
33
marijuana in a residence over 21 (MJ and MJ produced by plants total)
10oz
34
True of False - U&P Includes as copy of a document
TRUE
35
Victims compensation info given to victim by LE within .....
24 hours of initial report / contact
36
True or False - concern for public safety is an exception to the Miranda rule
True
37
probable cause for a warrant is determined by :
Facts in the affadavit
38
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?
False
39
Soliciting a child for immoral purposes age ?
Less than 16
40
impaired driving when he/she would have otherwise committed OWI
when the suspect drove with less ability than the ordinary careful driver
41
CCW supported by suspect w/ obscured holster / belt outside cloting?
False
42
Suspect commits what crime when given property in a relationship of trust and then unlawfully appropriates the property .....
embezzlement
43
Child Kidnapping (maliciously entice child younger than ______ with intent to detain or conceal
14
44
Marijuana possessed by person over 21 in a residence
not more than 10 ounces of Mj and Mj produced by plants on premises
45
True or False - Uttering and Publishing includes a "copy" of the document
True
46
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
word, gesture or other means
47
Probable cause for a warrant is determined by ?
facts in the affadavit
48
marijuana possession for over 21 possess not more than ______ of MJ and of that not more than ______ be of a MJ Concentrate
2.5 ounces, 15grams concentrate
49
Offense of impaired driving when person would otherwise commit driving while under influence the suspect:
drove with less ability than an ordinary careful driver
50
Larceny false pretenses
involves obtaining title and ownership to a property as a result of fraud
51
Retail Fraud Penalties
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
52
Short Barrel Rifle
Barrell less than 16 inches overall lesss than 26
53
Pistol
26 inches or less in length and by construction conceals itself
54
Schedule 4
low abuse and accepted medical use (barbituates, diazepam, xanax etc
55
Schedule 3
Moderate potential for abuse - codeine, lysergic acid compounds,
56
Schedule 2
High abuse potential but HAS medical uses. opium, cocaine, morphine, fentanyl, oxy, meth
57
Schedule 1
High abuse potential and NO medical use. Mescaline, Cat, Peyote, ecstacy, GBH, MJ, LSD, Bath salts
58
1st amendment
free speech
59
2nd amendment
bear arms
60
3rd amendment
housing soldiers in private homes
61
4th amendment
unreasonable search and seizure
62
5th amendment
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
63
6th amendment
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
64
14th Amendment
Due process much as the 5th amendment but applicable to state law
65
Appeals to US Supreme Court are by petition of ?
Writ of ceritorari
66
Prosecutor
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
67
21 day rule
maximum amount of time between date of arraignment and prelim exam (unless waved)
68
8th amendment
excessive bail
69
Probable Cause
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
70
Mens Rea
The guilty mind .... state of mind a defendant had when committing a crime
71
Specific Intent
Intent to accomplish the precise harm or result that occurred
72
General Intent
intent to do an act that is prohibited by law
73
Actus Reus
The guilty act
74
Misdemeanor punishment time
unless specifically stated .... 90 days
75
Statutes
law enacted by the legislature, governor or the people
76
Searching a home or it's curtilage ......
Need a warrant
77
Crime scene execption for a sw ?
No. Not a thing.
78
Can we suspect the RO is driving a vehicle?
absent any other evidence ... yes
79
Searching all inhabitants of a home during a SW ?
Not valid but the people can be "frisked" for officer safety concerns
80
Terry Stop
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
81
Pennsylvania v Mimms
PD can order a driver out of a vehicle
82
Plain view
Strictly a seizure. No searching. Must be in a lawfully protected area and contraband must be readily apparent to the police
83
Consent
must be voluntary and made without threat or compulsion. No duty to tell ppl they can refuse consent
84
Search incident to lawful arrest
arrest must be a lawful, custodial arrest. Search is for weapons and evidence in reach of arrestee.
85
Search of vehicle incident to arrest (Arizona v Gant)
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
86
Search of cell phones
get a warrant. unless exigency makes it so compelling a search has to happen
87
Warrantless entry to a home
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
88
Hot pursuit
requires that there must be some form of flight from defendant
89
Investigative detention / stop
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.
90
Element of valid arrest
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
91
arrests w/o warrant
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
92
PPO violation arrestees shall be brought before the court within _____ hours
24 hours after arrest
93
Force to effectuate arrests
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.
94
Entering home with arrest warrant?
May be done when PC Exists to believe the subject of the warrant is in the residence
95
Biometric Data to MSP after an arrest ?
Within 72 hoursw
96
Corpus Delecti (body of crime)
Applies to every crime - prosecutor must establish a crime happened before they can proceed or introduce a confession to said crime
97
6th amendment right to counsel (when does it attach?)
after initiation of judicial proceedings. 6th amendment right to counsel applies to judicial proceedings
98
Audio / visual recordings SHALL be made of ?
Major Felonies (20 year or more punishment or CSC III)
99
Right to remain silent
Questioning must stop - and be scrupulously honored - can be reinitiated after a reasonable amount of time
100
Miranda - invoked right to an attorney ... when can PD re-initiate questioning?
2 weeks
101
Miranda waiver of rights
must be made voluntarily, knowingly and intelligently
102
Confessions made by threat or fear - real or perceived are .....
not admissable
103
Is the fifth amendment right to counsel violated by outfitting a jail inmate with a wire to talk to a suspect PRE-Arraignment?
No it is not violated and is admissable BEFORE arraignment
104
Lineup right to counsel
applies to corporeal lineups at or after the initiation of judicial proceedings
105
Where a corporeal lineup is not possible for an in custody defendant a photo lineup is allowed and counsel is allowed / required
true
106
Inchoate Offenses
Incomplete crimes where a step toward commission of another crime is serious enough to merit punishment. Attempt, conspiracy and solicitation
107
assault
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
assault charge penalties (assault, a&b, domestic)
1st - 93 day
2nd - 1 year misd
3rd - 5 yr felony
109
aggragavted assault
inflicts serous or aggravated injury 1st is a 1 yr previous conviction a 5yr
110
assault on police penalties
1st - 2 yr felony
injury needing medical attention - 4 r
serous impairment - 15 yr
death - 20yr
111
AWIM
must have committed an assault with the specific intent to kill - up to life penalty
112
assault strangulation / suffocation
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
1st degree child abuse
willful commitment of the act and defendant intented to cause serious physical harm to child or serious mental harm
114
2nd degree child abuse
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
3rd degree child abuse
knowingly or willfully caused physical harm
116
child unattended in vehicle
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
Requirements of PD to report child abuse once reported to them
Immediately over the telephone to intake and within 72 hrs written report filed
118
fail to report child abuse penalty
93 day if misdemeanor abuse felony otherwise (4yr)
119
Solicit child for immoral purposes
less than 16 years of age - intent to force child to commit immoral act, sex, gross indecency or other depravity
120
csc 1st
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
csc 2nd
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
csc 3rd
penetration and victim at least 13 and and under 16
or
force / coercion
incest
incapacitated victim
blood affinity to third degree
123
csc student 3rd (felony)
victim 16 or 17 - perpetrated w/ penetration by teacher or school employee
124
csc 4th 2 yr misd
contact with victim 13 but under 16
or
force/coercion
incest (3rd degree affinity)
125
assault with intent to commit csc
penetration 10 yr
no penetration 5 yr
126
CSC Victims @ hospital
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
CSC Kit
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
CSC Victims Rights - after pd contact
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
CSC Victim Case Information Request
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
csam possession
knowingly possess csam, 4 years felony, 10 if involving a prepubescent child, bestiality or more than 100 images
131
disseminate sexual material (revenge porn)
victim must be identifiable from the video, victim did not consent, obtained illegally
93 day first offense 1 yr misd the next
132
indecent exposure
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
soliciting for prostitution
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
Prostitution Penalties
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
1st degree murder
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
voluntary manslaughter
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
involuntary manslaughter
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
kidnapping
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
unlawful imprisonment
knowinglyl restrained: wiwth a weapon, secretly confined, to commit another felony or to flee
140
child kidnapping age
under 14
141
trafficking penalties
no injury - 10 yr
bodily injury after being engaged in commercial CSC activity - 15yr
SBI - 20yr
kidnapping, csc 1st, or a death - life
142
Larceny from person
Ten year felony.
143
Unarmed Robbery
15 yr - force or violence or putting another in fear. Defendant / victim need no own the peroprty
144
Armed Robbery
up to life
145
How can extortion statements be made?
Orally or written / printed communication
146
Vulnerable adult penalties
15, 4, 2 mis, 1 mis
147
FEPA Requirements (reporting)
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
missing / vulnerable adult
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
stalking
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
Harassment
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
Aggravated Stalking
5 r - stalking elements but also violated a court order or restraining order - previous stalking conviction
152
Stalking under 18
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
hazing penalties
injury - 93 day SBI - 5yr Death - 15 yr
154
Malicious Telecommunications
repeatedly calling and not speaking when phone answered - among other
155
Identity Protection Act Penalties
5, 10 or 15 yr (1st, 2nd, 3rd offense)
156
Poisioning Penalties
no injury 15 yr, property damage 20yr, physical injury 25 yr, SBI - life
157
Controlled substance analogue
Has chemical structure similar to schedule 1 or 2 drug. has similar effects, it is intended to have similar effects,
158
Knowing possession of drug
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
Date rape drugs
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
use of inhalants
93 day misd.
161
running meth lab penalty
20yr
162
sale of drug paraprhrenalia
90day
163
Marijuana allowable limits
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
marijuana exceeding limits (less than two times the allowable)
1st and 2nd - civil infraction
3rd misd - no jail
165
possess marijuana under age 21
civil infraction
166
Secure marijuana transporter inspection
subject administrative inspection by PD at any point during transportation of mj
167
MJ Grower License Amounts
Class a - 500 plants
Class b - 1000
Class c - 1500
168
Pistol
less than 26 inches in length OR by its construction and appearance conceals itself as a firearm
169
Failure to report firearm stolen
state civil infraction - must report within 5 days of knowing it was stolen
170
Unlawful weapons (5 yr felony) manufacture, sell, offer for sell or posses:
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
Short barrel shotgun
barrel under 18 inches or total under 26
172
short barrel rifle
barrel under 16 inches or total under 26
173
Intentionally aiming firearm without malice
point a firearm at another person without intent to harm - 93 day misd. If fired its a 1 yr misd
174
Discharge firearm from vehicle
Endangers person - 10 yr
Injury - 15 yr
SBI - 20 yr
Death - up to life
175
Discharge firearm at dwelling (person knows or has reason to believe is occupied)
No injury 10 yr
injury 15 yr
sbi 20 yr
death - up to life
176
Brandish firearm in public penalty
90day misd
177
Possess firearm while intox (over .8) penalty
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
Drunk hunting penalty
90day
179
Possess firearm during commission of felony
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
Actual or Constructive Possession of a weapon
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
Felon possess firearm or ammo
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
Transport of unloaded firearm (long gun)
90day mis - unless gun is taken down, in a case, in trunk or inaccesible, unloaded
183
Concealment for ccw
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
Essential element of CCW
defendant must have knowingly carried the weapon
185
CCW
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
ccw vehicle
defendant was in the vehicle that a pistol or prohibited weapon was in and knew said weapon was there
187
ccw v. unlawful intent carrying
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
carry concealed while drinking penalties
.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
CPL Holder Prohibited Premises
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
possess a weapon in a school zone penalty
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
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
No damage 15 yr, damage 20 yr, injury 25 yr, sbi up to life, death life w/o parole
192
Molotov cocktail or similar device (posses, buys, sells, furnishes or uses)
no damage 15 yr, damage 20 yr, injury 25yr sbi up to life death LWOP
193
*****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)
true
194
fireworks under the influence penalties
no damage - civil infraction, damage to anthers property 90day, SBI 5 yr, Death 15yr
195
UDAA facts
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
Larceny
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
Larceny Amounts / Penalties
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
larceny from person
10 yr - property was in immediate presence of victim
199
larceny parts from motor vehicle
5 yr
200
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
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
larceny by conversion
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
false pretense
involves a trick, or fraud - makes someone believe something that is false. sell transfer or mortgage property falsely.
203
Retail Fraud Penalties
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
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
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
enter w/o breaking
enter, w/o breaking, of a structure or dwelling with intent to commit larceny. 5yr
206
enter without intent
90 day
207
1st Degree Home Invasion
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
2nd Degree Home Invasion
15 yr - breaking and entered ... had intent to commit a larceny, felony or assault
209
3rd Degree Home Invastion
breaking and entered ... intent to commit a misdemeanor violated a term of ppo / injunction
210
forgery
defendant WITH INTENT falsely makes, alters, forges, or counterfeits a document .... up to 14 yr felony. Specific intent to defraud or cheat
211
U&P
Includes a copy of a document - mere offering up a check (forged and/or fraudulent) is enough to satisfy the statue
212
Skimmer possession, use, purchases, install, transfer etc
1 to 5 yr felony
213
Misrepresent a charitable organization
6 month misd 1k to 5k stolen
214
R&C Stolen Property - dollar amounts / penalties
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
First Degree Arson - up to life
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
"Burning" for arson
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
2nd degree arson - 15 yr
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
3rd degree arson 10 yr
structure, personal property valued at more than 20k or 1000 if prior arson convictions
219
4th degree arson 5yr
personal property 1000 or more but under 20k
220
5th degree arson 1 yr misd
personal property under 1000
221
Preparation to Burn
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
Prep to burn personal property
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
mdop penalties
under 200 93 day
200 to less than 1000 1 yr misd
1000 to less than 20000 5 yr
over 20000 10 yr
224
bomb threat
4 yr felony
225
aid escape of prisoner
misdemeanant - 1 yr
felon 7 yr
226
disarm police officer
10 yr
227
R&O
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
Flee and Elude Penalties
1st (death) 15 yr
2nd (SBI) 10 yr
3rd (Crash) 5 yr
4th 2 yr
229
Furnish alcohol to minor
1st 60 day
additional 90 day
Casing death (proximata cause) 10 yr
230
MIP
civil
30day
60 day
231
pbt of a minor for MIP
request only - cant force w/o court order
232
MIP notification rules
48 for under 18 (so for 17 year olds)
Less than 17 is immediate
233
animal cruelty
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
animal cruelty - general intent crime
torture / killing 4 yr
235
kill police dog
5 yr
236
disorderly at a funeral
2 yr second offense 4 yr
237
Unlawful assembly
4 or more people who assemble or work together to enagage in conduct that would be a riot
238
Juvenile System - Terminology
delinquent not criminal, petition not warrant, apprehended not arrested, Must be FORTHWITH turned over to parents or court,
239
Family Division of Circuit Court
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
Police can take custody of a child when:
subject to a court order authorizing apprehension
At risk of harm
Found violating a law or ordinance
Violating a PPO
241
Parent / Guardian Notification
Upon taking a juvenile in to custody a police officer must immediately attempt to notify the parents or guardian
242
Release to parent / guardian
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
Detention of juvenile reasons
nature of violation makes release not in interest of public
no parent located
parent refused
244
Domestic assault penalties
1sy 93 day
one prior 1 yr mis
2 or more prior 5 yr
245
aggravated domestic penalties
1 yr or a 5 yr with a prior domestic conviction
246
Domestic Reporting Requirement
Police SHALL prepare a written report and it SHALL be filed with prosecutor within 48 hours of being reported to Police
247
stalking penalty
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
Crime Victims Rights Acts - Notice to victim
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
Crime victims rights notice of arraignment
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
Direct evidence
if believed, proves existence of fact in issue without inference or presumption
251
Deadly force to stop fleeing felon
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
Citizen use of force
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
Intentional Tort
act done on purpose - an officer striking another without justification
254
negligence (tort)
In michigan an officer must be shown to have been grossly negligent
255
constitutional tort
violation of a constitutional right
256
public duty doctrine
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
Police immunity
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
