MISC Flashcards
Question for suspect description
-Skin color
Height
Build, (Athletic, muscular, fat?)
Is he wearing a hat?
Shirt style, color, and logo of shirt?
Shorts, pants, the color of shorts or pants or design?
Socks?
Shoes?
-What direction of travel
Stewart Ave & Vista Ave block#
3100
Preston & Park Ave block#
3200
Warner & Linden Ave block#
3300
Bryden & Airway Ave block&
3400
Burrell & Cedar Ave block#
3500
Grelle & Alder Ave block#
3600
Powers & Burch Ave block#
3700
Rippon, Hemlock, & Richardson Ave
3800
DUI 18-8004 (Elements)
Drive or be in actual physical control
- Within the state
-whether upon highway, street, bridge, or upon public or private prop open to public
-under the influence of alc, drugs, or any other intoxicating substances, or any combo of alc, drugs, and or any other intox substances, or two has a BAC of 0.08
State V Wolf
Criminal Tresspass
Is committed when someone enters or remains on the real property of another without permission, knowing or with reason to know that his presence is not permitted. A person has reason to know his presence is not permitted when, he fails to depart immediately after being notified by the owner or his agent to do so, or he returns w out permission or invitation within (1)yr, unless a longer period of time is designated by the owner or his agent. in addition a person has reason to know that his presence is not permitted on real property that meets any of the following:
-The property is reasonably associated w a residence or place of business.
-The property is cultivated
-The property is fenced or enclosed in a manner that a reasonable person would recognize as delineating a private property boundary. If The property is not cultivated should have no tresspassing signs and or bright orange fluorescent paint on all property corners and areas where the property intersects navigable streams, roads, gates and right of way entering the land. it should be posted where a reasonable person would believe the property is private.
Property that is cultivated does not need signs.
Penalties:
Infraction- No damage to prop and tresspasser leaves when asked by landowner/agent
MISDEMEANER- Tresspasser does not leave when asked by landowner/agent.
FELONY- Two prior misd offenses within 10 years and damage is greater than $1,000
Malicious Injury to Property (IC 18-7001)
Every person who MALICIOUSLY injures or DESTROYS any real prop not his own, or any jointly owned prop w out permission of the joint owner, or any prop belonging to the community of the person’s marriage, is guilty of a MISDEMEANOR (up to 1 year in jail and or $1,000 fine)
A person is guilty of a FELONY if damages exceed $1,000 “$1,001 or more” or if a series of damages exceeds $1,001… (Punishments for a FELONY for this charge would be not less than 1 or more than 5 years in prison and or a fine not more than $1,000)
Malicious Harassment (IC 18-7902
Maliciously and with the specific intent to intimidate or harass another because of their RACE, COLOR, RELIGION, ANCESTRY, or NATIONAL ORIGIN to:
(a)-Cause physical injury to someone OR
(b)-Damage, destroy, OR deface any real or personal prop of someone OR (c)-Threaten, by word or act, to do the acts prohibited if there is reasonable cause to believe that any of the acts described in subsections (a) and (b) above will occur.
For this code the word “Deface” shall include, but not limited to, cross-burnings or the placing of any word or symbol commonly associated w racial, religious or ethnic terrorism on the prop of another w out permission.
Disturbing the peace (IC 18-6409)
Every person who MALICIOUSLY and WILLFULLY disturbs the peace or quiet of any NEIGHBORHOOD, FAMILY, or PERSON by loud or unusual noise, or by tumultuous or offensive conduct, or by threatening, traducing, quarreling, challenging to fight or fighting, or fires any gun or pistol, or use any vulgar, profane or indecent language within the presence or hearing of children, in a loud and boisterous manner is guilty of a MISDEMEANOR.
2- Every person who maliciously and willfully disturbs the dignity or reverential nature of any funeral, memorial service, funeral procession, burial ceremony, or viewing of a deceased person is guilty of a misdemeanor.
