Police Protection and The Arrest Function

Question 1

Aside from the elements required for A&B, list the two additional elements required for A&B on a public employee

Answer 1

Public employee

Who suspect know is engaged in the performance of duty

Question 2

When does A&B on a police officer become a felony ?

Answer 2

When there is an attempt to disarm the officer or it causes serious injury
(Serious injury results in a mandatory incarceration of 1 Year)

Question 3

In a case of A&B on a police officer, why does the court prohibit the defendant from signing a release in which he promises not to sue the police in exchange for dropping criminal charges ?

Answer 3

Releases suppress complaints against police misconduct and tempt prosecutors to trump up charges for use as a bargaining chip

Question 4

What is the recommended definition of an attempt to disarm a police officer ?

Answer 4

Any effort to obtain an implement (gun,cuffs,OC) from an officers duty belt

Question 5

Spitting on a police officers is ______ __ _ ______ ______

Answer 5

A&B on a public employee

Question 6

Interfering with a police officer is a _____________ law crime

Answer 6

Common

Question 7

Officers can no longer charge interfering with a police officer if a party refuses to ________ themself

Answer 7

Identify

(Persuade the party to ID themself, Take a photo of the suspect at the scene, Fingerprint the party on scene, Prolong the detention for at least 30 minutes)

Question 8

The crime of interfering with a police officer requires _______ ______ or a threat of violence. Just refuses to identify themself does not equal interfering any longer

Answer 8

Physical obstruction

Question 9

The elements of the crime of interfering with a police officer are

Answer 9

1) Knowledge ( The suspect knew or should have know the officer was engaged in a lawful performance of duty)

2) Obstruction (The suspect physically obstructed or threatened violence against the officer)

3) Intent (The suspect intended to obstruct or hinder the officer in the performance of duty)

Question 10

What are the elements for resisting arrest(4)

Answer 10

1) Prevent or attempt (The suspect knowingly prevented or attempted to prevent)

2) Police Officer (A police officer in the regular course of his assigned duties, who was in uniform or it out of uniform properly displaying his credentials)

3)Arrest (From effecting an arrest of the actor or another person)

4)Force, Threat, Risk of injury (By using against the officer or another person physical force or the threat of physical force or any other means that create substantial risk of bodily injury)

Question 11

In Massachusetts, it is a defense to resisting arrest that the officer making the arrest lacked ____ ______

Answer 11

Good Faith

Question 12

Where the arresting officer is acting in good faith, what is the only reason a suspect may physically resist arrest ?

Answer 12

Excessive force
(it is the only reason for resistance to an arrest or police entry for that matter)

Question 13

It can be a defense to resisting arrest that the officer used _______ ______ during the arrest

Answer 13

Excessive force
(Though not entitled to resist arrest, a citizen may resist that portion of an officers force that is excessive in making the arrest)

Question 14

A citizen may not _______ ______ an unlawful police entry into their home

Answer 14

physically resist

Question 15

Even when the underlying criminal charge supporting the arrest is dismissed, it is not ______ ______ that the resisting arrest charge be dismissed

Answer 15

legally mandated

Question 16

Under 6E/14 before using force, officers must show that deescalation tactics were (2)

Answer 16

Not feasible
or
Failed

Question 17

Deescalation tactics are defined in 6E/1 as “proactive actions and approaches used by an Officer to stabilize a law enforcement situation so that more, time, options and resources are available to gain a person voluntary compliance and tor educe or eliminate the need to use force” The law provides 6 examples of deescalation tactics that law enforcement officer commonly use. What are the 6 tactics mentioned

Answer 17

1)Verbal Persuasion

2) Warnings

3) Slowing down the pace of the incident

4) Waiting out a person

5)Creating distance between the officer and the threat

6)Requesting additional resources to resolve the incident

Question 18

What is required for a Police Officer to use deadly force ?

Answer 18

The Officer reasonably fears imminent death or serious bodily injury

Question 19

Police officers do not have a duty to _______ when faced with the threat of violence during an arrest

Answer 19

retreat

Question 20

After a party has been through the arrest proccess, no matter their assaultive or disruptive behavior, they can no longer be charged with _________ ________

Answer 20

Resisting arrest

Question 21

Once the defendant is handcuffed by arresting officers they can still be charged with resisting arrest if the continue to (kick officers etc) until the _______ _____ is complete

Answer 21

arrest process

Question 22

What are the three methods for resisting arrest

Answer 22

1) Physical Force

2) Threatened Physical Force

3)Any other means that create substantial risk of bodily injury

Question 23

A suspect fled during a nighttime traffic stop. Officers pursued him on foot through private property and over obstacles including an unstable fence. This form of flight exposed the officers to ______ ______. A resisting arrest charge was proper

Answer 23

Physical Danger

Question 24

Mouthing off prior to an arrest does not constitute _____ _____

Answer 24

resisting arrest

Question 25

A party runs from the police and into the woods just to refuse to exit. Is this resisting arrest ?

Answer 25

No because just his refusal to exit does not create a substantial risk of bodily injury to police

Question 26

False Information following arrest elements

Answer 26

1) Knowingly( The suspect knowingly and willingly)

2) False name or information (Furnished a false name, socials security number, date of birth, home or mailing address phone number or any other information requested to identify the defendant)

3)Police (to a law enforcement officer or official)

4) Post arrest( Following an arrest)

Question 27

Escape from police lockup elements

Answer 27

1) The suspect was lawfully placed in a city or town lockup

2) the suspect escaped

Question 28

Remember that charge for escape from police lockup, if a party attempts to escape lock up then it is ________ ___ _______ _ ______

Answer 28

Attempt to commit a crime

Question 29

Aiding escape from Police custody 268/17 elements

Answer 29

1) Suspect aided or assisted a prisoner

2) In escaping or attempting to escape from an officer or person with lawful custody

Question 30

What is the right of arrest for Aiding escape from police custody

Answer 30

Arrest for breach of the peace in presence otherwise complaint