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64-24 > Level 2 Prep Final Version > Flashcards

Level 2 Prep Final Version Flashcards

45 MC and T/F ....5 short answer

1
Q

Know the right of arrest

Threat to commit a crime
275 s 2

A

Communicated intent to injure; Injury would be crime; V in fear that S had intention/ability to carry out threat

Right of arrest: Complaint only

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2
Q

This does not include per se weapons

What is a “dangerous use” weapon?

A

A normal item which becomes a weapon when used in a dangerous fashion.

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3
Q

What is the right of arrest for assault and battery?

A

(M) Breach of peace, in presence

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4
Q

A suspect picks up a knife and threatens to stab the victim. What crime is this? Misdemeanor or felony?

A

It is assault by means dangerous weapon, to wit knife. It is a felony

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5
Q

How is a threat to commit a crime different from an assault?

A

Threat to commit a crime is words, either verbal or written. An assault is a threat accompanied by an overt gesture putting a person in fear of a battery. Remember, a battery is “touching a person in a harmful or unpermitted way.”

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6
Q

Stalking and criminal harassment are identical charges, except stalking involves a………

A

threat.

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7
Q

When does larceny become a felony?

A

If the value of property stolen was valued at over $1200, or a firearm, or trade secret.

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8
Q

What is the statutory right of arrest for basic shoplifting?

A

It is a misdemeanor arrestable on probable cause.

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9
Q

Mayhem

A

The suspect maliciously intended to maim or disfigure; AND
Committed one of the following acts to the victim:

Cut out or maimed the tongue;
Put out or destroyed an eye;
Cut or tore off an ear;
Cut, slit, or mutilated the nose or lip; OR
Cut off or disabled a limb or member of the victim

ROA Felony

Remember: Specific intent crime!!!

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10
Q

Statutory right of arrest for larceny from a building?

A

Felony, regardless of the value of the object.

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11
Q

Unarmed assault with intent to rob or steal

A

Whoever:
Not being armed with a dangerous weapon;
**Assaults another with force and violence;
With intent to rob or steal.

ROA Felony

This charge is used for the S who assaults a V with intent to rob or steal, but does not complete the crime.

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12
Q

Unarmed robbery

A

Force or fear. The suspect by force or fear;

Theft from person. Took money or property from victim or the victim’s immediate control.

Right of arrest
**FELONY **

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13
Q

Armed robbery

A

Weapon. The suspect was armed with a dangerous weapon when he;

Force or fear. By force or fear;

Theft from person. Took money or property from the victim or the victim’s immediate control.

Right of arrest: Felony

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14
Q

MGL Chapter 209A

A

Domestic violence laws

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15
Q

MGL Chapter 265

A

Crimes against the person

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16
Q

MGL Chapter 94C

A

Drug and narcotic crimes

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17
Q

MGL Chapter 138

A

Alcohol crimes

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18
Q

In cases of domestic violence and charging assault or assault and battery on family and household member, do you use 265 s 13A or 265 s 13M? What is meant by “family and household member”?

A

You charge 13A. “Family and household member” means the victim is or was:
* related by blood or marriage; or
* living with the offender in the same household.

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19
Q

In cases of domestic violence and charging assault or assault and battery on an intimate partner, do you use 265 s 13A or 265 s 13M? And what is meant by intimate partner?

A

You charge 13M. An intimate partner means the victim:
* is or was married to the offender; or
* had a child in common with the offender, regardless of whether they were ever married or lived together; or
* is or was involved in a substantive dating or engagement relationship

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20
Q

Would possessing a fake gun qualify as being armed for robbery?

A

Yes

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21
Q

Definition of assault

A

The suspect intended to commit a battery, which involved touching the victim in a harmful or unpermitted way; took some overt action; and came reasonably close to committing a battery (a swing and a miss)
OR
The suspect intentionally engaged; in menacing conduct; that caused the victim to fear an imminent battery.

Remember…Verbal threat alone is insufficient. A verbal threat to do harm becomes an assault when accompanied by some outward gesture.

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22
Q

Sale or possession of fireworks
148 s 39

A

The suspect:
Sold, offered, or kept for sale; or
had in his possession; or
caused to explode;

Fireworks- provided they were not for a legally exempt purpose.

Right of arrest
For sales-related activity: (M) warrantless arrest in presence

Possession or causing to explode: Confiscate the fireworks and do a complaint

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23
Q

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)?

A

It is a misdemeanor arrestable on probable cause

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24
Q

Distribution!!

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

A

Arrest for the misdemeanor.

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25
Q

This is an 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?

A

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

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26
Q

An adult, acting as parent, strikes a child

This is legally permissible as long as the adult who strikes the child is using…..

A

reasonable force.

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27
Q

Child discipline and parental privilege

Police should not charge parents or guardians with assault and battery if:

A
  1. The force used was reasonable; and
  2. the force was for the purpose of safeguarding or promoting the child’s welfare, including prevention or punishment of misconduct; and
  3. there was no risk of physical harm, gross degradation, or severe distress (physical harm may not exceed fleeting pain or minor, transient marks).
28
Q

Natural intercourse

A

The insertion, no matter how slight, of the penis into the vagina.

29
Q

Unnatural intercourse

A

Includes oral intercourse and anal intercourse. This includes mouth/vagina and mouth/penis contact. Intrusion is not required. Inserting a finger or object into the genital or anal opening is rape

30
Q

Notice this does not involve force or threat of bodily harm (like rape).

STATUTORY RAPE
265 S 23

Under 16 can’t consent to sexual intercourse

A

ELEMENTS
The suspect unlawfully;

Engaged in natural or unnatural sexual intercourse with the victim;

**Who was under 16 years of age at the time of the offense.

RIGHT OF ARREST Felony

NOTE
Child under 16 makes consent irrelevant. Those under 16 are not sufficiently mature to understand fully the physical, mental, and emotional consequences of sexual intercourse.

31
Q

Minor in Possession of Alcohol
138 S 34C

A

**Elements
Under 21 and no guardian. The suspect was under 21 and unaccompanied by a parent or legal guardian; and
Possess or transport. Knowingly possessed, transported, or carried on his person;
Alcohol. Any alcohol or alcoholic beverage.

**Right of arrest ** Misdemeanor. Warrantless arrest in presence.

32
Q

**Know body parts. Know <14 can’t consent to any sexual touching

Indecent Assault and Battery on child under 14 years old
265 s 13B

A

Elements
* The child was not yet 14 years old at the time of the offense;
* The S committed an A&B which was indecent.

Right of arrest Felony

Important: A child under age 14 is presumed incapable of consenting to any sexual touching.

Remember the three body parts: female breasts, buttocks, or genitals.

33
Q

What is a shod foot?

A

A shod foot is a foot wearing a shoe; it is capable of being a Dangerous Weapon if capable of causing greater harm than an unshod foot.

34
Q

A person in possession of credit cards belonging to ________ people is presumed to have known they were stolen.

A

Four or more other people

The right of arrest for this is misdemeanor, arrestable in presence.

35
Q

Criminal Harassment

A

The suspect willfully and maliciously engaged;
In a pattern of conduct or series of acts (at least 3 incidents);
Which were directed at a specific person; and
Constituted harassment (because a reasonable person would suffer substantial emotional distress).

Right of arrest

Warrantless arrest on probable cause is the “preferred response”

36
Q

Statutory right of arrest for A+B on a pregnant woman

A

Felony

37
Q

Statutory right of arrest for A+B resulting in serious bodily injury

A

Felony

38
Q

Statutory right of arrest for A+B with a hypodermic needle

A

Felony

39
Q

Statutory right of arrest for A+B on a child under 14 years old

A

Felony

40
Q

When thinking of burglary, what is the definition of “nighttime”?

A

One hour after sunset and one hour before sunrise the next day

41
Q

The rights of arrest for larceny

A

If the suspect steals property valued in excess of $250: Warrantless arrest on PC (misdemeanor)

If the value of property stolen was valued at over $1200, or a firearm, or trade secret, then it’s a felony.

If the suspect steals property valued at $250 or less: Warrantless arrest in presence (Misdemeanor). Otherwise, complaint.

Any time a police officer witnesses a theft, warrantless statutory arrest powers apply (misdemeanor, in presence).

NOTES
If victim is 60 or older, or disabled, and if value of property is over $250 Felony

If victim is 60 or older and value of property is $250 or less Misdemeanor

42
Q

Rights of arrest for misdemeanors

A

Misdemeanor–In presence, breach of the peace
Misdemeanor, in presence
Misdemeanor, probable cause

43
Q

Fraudulently Procuring Food or Accommodations for Credit 140 s 12

A

2 Types

Type 1: Procuring from a Hotel or Motel
Without paying, the suspect obtained food, entertainment, or accommodations from a hotel, motel, or other lodging house;
With the intent to cheat or defraud the owner (unless, at the time, the suspect had an express agreement for credit)

Type 2: Procuring from a Restaurant
Without paying, the suspect obtained food and/or beverage from a “common victualer” ( a licensed restaurant);
With the intent to cheat or defraud the owner.

Right of arrest: Misdemeanor arrestable as a breach of peace, in presence. Otherwise, complaint.

44
Q

The 5 ways that property owners communicate to the public the areas that are off limits:

A
  1. Posted sign 2. Verbal ejection 3. Privacy precautions 4. No trespass notice 5. Court order
45
Q

Examples of privacy precautions

A

Examples include a fence, walls, locked gates, or doors.

46
Q

For a typical firearm arrest, you will charge:

A

269 s 10 (a) Poss of FA w/o a license
269 s 10 (h) Poss of ammo w/o FID card
269 s 10 (n) Poss of loaded firearm

47
Q

Trespass after Notice 266 s 120

A

Elements
Without right. The suspect entered or remained without right;
Property of another. On or in the dwelling, building, boat, improved or enclosed land, wharf, or school bus of another;
Notice. Even though a person with lawful control had forbidden the suspect’s presence:
Directly; or
With a posted notice; or
Through a 209A, s 3 and 4, or 208 s 34B court order (order to vacate marital home).

Right of arrest: Misdemeanor arrestable in presence.

48
Q

Defacing or Damaging Property 266 s 126A

A

Elements

Malicious or wanton. The suspect maliciously or wantonly;
Destroy or deface. Marked, injured, defaced, or destroyed;
Property of another. The real or personal property of another.

Right of arrest: Felony, regardless of value of damage

49
Q

Examples of Class A drugs

A

Heroin
Ketamine
Fentanyl
Carfentanil

50
Q

Examples of Class B drugs

A

Cocaine
Methadone
Oxycontin
Percocet
MDMA (Ecstasy)
Methamphetamine
PCP (Angel Dust)

51
Q

What lies at the heart of any and all civil rights violation?

A

The suspect’s bias motivation

52
Q

Affray
277 s 39

A

Elements

  1. That the defendant fought with one or more other persons;
  2. That the fighting took place in a public place; and
  3. That at least one person who was lawfully present in the
    public place was put in fear as a result of the fighting that occurred.

Right of arrest (M) breach of peace, in presence

53
Q

The definition of distribution is…..

A

“To deliver other than by administering or dispensing a controlled substance.” Distribution is any non-medical delivery of drugs.

Important!! a. Delivering drugs is distribution even though no money is exchanged.

b. Sharing drugs is distribution except when the offenders either obtain the drugs together at the same time or “socially share” marijuana.

The right of arrest for distribution is:

Class A, B, and C FELONY

Class D and E Misdemeanor arrestable on PC

54
Q

Trafficking is defined as….

A

To knowingly and intentionally manufacture, cultivate, distribute, or dispense; OR to possess with intent to manufacture, cultivate, distribute, or dispense; OR carried into the Commonwealth; a specific amount or mixture of a controlled substance.

Remember: Trafficking is all about the weight!!

55
Q

Common trafficking weights include:

A

Marijuana 50 lbs or more
Cocaine 18 grams or more
Heroin 18 grams or more
Methamphetamine 18g or more
Fentanyl 10g or more
Carfentanil Any amount

56
Q

Unlawful Possession of a Firearm/Rifle/Shotgun outside of Home or Business
269 s 10 (a)

A

The defendant:
knowingly possessed (outside home or business), or had under his control in a motor vehicle, a firearm (barrel < 16 in);
doesn’t have a valid license to possess the firearm outside of his home or office;
does not qualify for one of the statutory exemptions from the licensing requirements.

Right of arrest Felony

57
Q

Unlawful Possession of Firearm, Rifle, Shotgun, or Ammunition
269 S 10 (h)

A

Elements
The S possessed an item;
The item meets the legal definition of a firearm and/or ammunition; and
That the S knew they possessed the firearm; and
The S did not have a valid FID card or the S did not qualify for one of the exemptions in the law that are a substitute for having a valid FID card.

ROA (M) arrest on PC

58
Q

Unlawful Possession of a Loaded Firearm
269 S 10 (n)

**Suspect knowingly and unlawfully possessed a loaded firearm
**Adds additional jail time
**Defendant must know the firearm was loaded (SJC ruling)
**This is not a stand-alone charge. The S must be charged with a violation of 269 s 10(a) or (c), as well.

A

There is no statutory right of arrest. It is an additional charge to 269 s 10a or 10c (machine gun)

59
Q

B&E Daytime
266 s 18

A

ELEMENTS (Scheft 31-14)
Entry Method. The suspect:
Enters without breaking in the nighttime; OR Breaks and enters in the daytime.
Building, vessel, vehicle.
Intent. With the intent to commit a felony;
No Fear. No person lawfully inside is “put in fear.”

ROA Felony

60
Q

Burglary

266 s 15

A

ELEMENTS
B&E. The suspect:
Breaks and enters with intent to commit a felony; OR
Enters with intent to commit a felony and then breaks into;
Dwelling. A dwelling house;
Night. In the nighttime; and
No weapon or assault.
The suspect:
Is not armed with a dangerous weapon while in the house; AND
Does not assault a lawful occupant.

Right of arrest Felony

61
Q

No ROA, except if interfering w/arrest of another

Resisting Arrest 268 S 32B

A

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.

62
Q

Examples of sufficient resistance for resisting arrest

A
  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
63
Q

Know ROA and body parts

Indecent Exposure 272 s 53

ELEMENTS
Intentional. The suspect intentionally;
Expose genitals. Exposed his or her genitals to one or more persons; and
Cause offense. At least one person was offended by the exposure.

A

**Right of Arrest Warrantless arrest in presence in public. Complaint, in private.
**
Notes

The indecent exposure does not have to occur in a public place. Public breastfeeding is not indecent exposure.

Indecent exposure is limited to exposure of the genitalia and not to exposure of the genital area, pubic hair, buttocks, or female breasts.

64
Q

Know ROA…be able to identify examples of it

Interfering with a Police Officer
Common Law Crime

Elements

Knowledge. The suspect knew, or should have known, the officer was engaged in the lawful performance of duty; and

Obstruction. Physically obstructed or threatened violence against the officer;

Intent. With the intent of obstructing or hindering the officer in the performance of duty.

Right of arrest

(M) Breach of peace, in presence

A

NOTES

This charge requires physical obstruction or threats of violence

Physical obstruction includes:

**Refusing to move

**Verbally interrupting in a loud and persistent manner

**Videotaping is not interfering unless it’s done in a manner that physically hinders police.

**A suspect’s refusal to identify himself is not interfering.

65
Q

ROA’s and know the idea of suspect’s actions being motivated by bias

Interference with Civil Rights
265 S 37

A

Elements
Force or threat. The suspect willfully used force or the threat of force;
Attempt or interfere. To attempt or actually interfere with; or intimidate; or oppress;
Motivated by bias. Because of bias toward the victim’s actual or perceived race, religion, ethnicity, nationality, handicap, gender, sexual orientation, gender identity, or other identifiable characteristic;
Exercise of legal right. The exercise by the victim of a right secured by the Constitution or laws of the United States or Massachusetts.

Right of arrest

If bodily injury results: Felony

If no bodily injury: Arrest for breach of peace in presence. Otherwise, complaint.

64-24 (11 decks)

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