Police Protection and The Arrest Function Flashcards
Aside from the elements required for A&B, list the two additional elements required for A&B on a public employee
Public employee
Who suspect know is engaged in the performance of duty
When does A&B on a police officer become a felony ?
When there is an attempt to disarm the officer or it causes serious injury
(Serious injury results in a mandatory incarceration of 1 Year)
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 ?
Releases suppress complaints against police misconduct and tempt prosecutors to trump up charges for use as a bargaining chip
What is the recommended definition of an attempt to disarm a police officer ?
Any effort to obtain an implement (gun,cuffs,OC) from an officers duty belt
Spitting on a police officers is ______ __ _ ______ ______
A&B on a public employee
Interfering with a police officer is a _____________ law crime
Common
Officers can no longer charge interfering with a police officer if a party refuses to ________ themself
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)
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
Physical obstruction
The elements of the crime of interfering with a police officer are
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)
What are the elements for resisting arrest(4)
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)
In Massachusetts, it is a defense to resisting arrest that the officer making the arrest lacked ____ ______
Good Faith
Where the arresting officer is acting in good faith, what is the only reason a suspect may physically resist arrest ?
Excessive force
(it is the only reason for resistance to an arrest or police entry for that matter)
It can be a defense to resisting arrest that the officer used _______ ______ during the arrest
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)
A citizen may not _______ ______ an unlawful police entry into their home
physically resist
Even when the underlying criminal charge supporting the arrest is dismissed, it is not ______ ______ that the resisting arrest charge be dismissed
legally mandated
Under 6E/14 before using force, officers must show that deescalation tactics were (2)
Not feasible
or
Failed
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
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
What is required for a Police Officer to use deadly force ?
The Officer reasonably fears imminent death or serious bodily injury
Police officers do not have a duty to _______ when faced with the threat of violence during an arrest
retreat
After a party has been through the arrest proccess, no matter their assaultive or disruptive behavior, they can no longer be charged with _________ ________
Resisting arrest
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
arrest process
What are the three methods for resisting arrest
1) Physical Force
2) Threatened Physical Force
3)Any other means that create substantial risk of bodily injury
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
Physical Danger
Mouthing off prior to an arrest does not constitute _____ _____
resisting arrest
A party runs from the police and into the woods just to refuse to exit. Is this resisting arrest ?
No because just his refusal to exit does not create a substantial risk of bodily injury to police
False Information following arrest elements
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)
Escape from police lockup elements
1) The suspect was lawfully placed in a city or town lockup
2) the suspect escaped
Remember that charge for escape from police lockup, if a party attempts to escape lock up then it is ________ ___ _______ _ ______
Attempt to commit a crime
Aiding escape from Police custody 268/17 elements
1) Suspect aided or assisted a prisoner
2) In escaping or attempting to escape from an officer or person with lawful custody
What is the right of arrest for Aiding escape from police custody
Arrest for breach of the peace in presence otherwise complaint
