Right of Arrest Flashcards
Accomplice
Depends on the underlying offense
Accessory After the Fact
Felony
Attempt to Commit a Crime
Depends on the offense:
Involves Felony 5+ SP = Felony
Involves Felony <5yr or any Misdemeanor = Complaint
Involves larceny = Warrantless arrest in presence regardless of value of property
Conspiracy
If object is a felony = Arrest
If object is misdemeanor = Complaint
Solicitation of a Felony
Solicited offense punishable >10yr SP = Felony
Solicited offense punishable <10yr SP = Complaint
Threats to Commit a Crime
Complaint ONLY
Never have a ROA unless clear & present danger
Extortion
Felony
Assault
Complaint
Unless breach of peace in presence
Assault DW
Felony always
Assault & Battery
Basic = Complaint unless breach of peace in presence
DV/Harassment A&B = Arrest on PC
ABDW
Felony
Mayhem
Felony
A&B Public Employee
Basic = Breach of peace in presence
While operating public transit = Arrest on PC
Felony if offender attempts to disarm or cause injury
Interfering with Police Officer
Breach of peace in presence
Escape from Police Lockup
Aiding Escape from Police Custody
Breach of peace in presence
Otherwise Complaint
Kidnapping
Felony
Parental Kidnapping
- Felony for “aggravated” offenses (exposed to danger or removed from MA)
- Complaint if no immediate danger. Send complainant to Probate Court
Enticement
Felony
Cruelty to Animals
Felony
Possess or Train Fighting Animals
- Warrantless entry : May enter any place where people are preparing for or engaged in an exhibition of fighting animals
- Arrest ALL person present & seize animals
Rape & Incest
Felony
Lewd & Lascivious Conduct
Warrantless arrest in presence in public
Annoying & Accosting Sexually
Warrantless arrest in presence in public
Open & Gross
Felony
Indecent Exposure
- Warrantless arrest in presence in public
- In private = Complaint
Secret Sexual Surveillance
- Making secret video = Warrantless arrest on PC
- Disseminating = Felony
Sexual Conduct for a Fee
Deriving Support from Prostitute
(all prostitution offenses covered)
Felony
All Pornography Offenses covered
Felony
Domestic Violence
- Mandatory arrest for violations of court orders upon PC
- Arrest is preferred response, absent a court order, upon PC of : Felony / A&B Family / Misdemeanor involving abuse directed at family member
Criminal Harassment
Warrantless arrest upon PC (preferred response)
Stalking
Felony
Annoying or Obscene Electronic Comminication
Complaint
Unlawful Secret Recording
Unlawful recording = Felony
Possession of device = Seize device & Summons
Interference with Civil Rights
Bodily Injury = Felony
No injury = Breach of peace in presence (otherwise complaint)
Assault, A&B, or Property Damage for the Purpose of Intimidation
- Basic = Breach of peace in presence (otherwise complaint)
- Results in injury or offender armed with gun = Felony
Destruction of or Threats to Destroy a Place of Worship
Damage >$5,000 = Felony
$5k or under or involves a threat = Breach of peace in presence (otherwise complaint)
Carrying a Dangerous Weapon
Felony
Sale or Possession of Fireworks
Sale related = Warrantless arrest in presence
Possession/Exploding = Confiscate & Summons
Possession of Controlled Substance
Warrantless arrest on PC
Smelling Substance with Toxic Vapor
Warrantless arrest in presence
Distribution Offenses
Class A/B/C = Felony
Class D&E = Warrantless arrest on PC
Drug Trafficking
Felony
Sale or Possession with Intent to Sell Drug Paraphernalia
Buyer under 18 = Felony
Otherwise - Warrantless arrest in presence
Sale of Hypodermic Needles & Syringes
Warrantless arrest on PC
Drug Free School & Park Zone
Felony
Fraudulently Obtaining Controlled Substance
Stealing Controlled Substance from Authorized Dispenser
Felony
94C Conspiracy
Warrantless arrest on PC
- Sell/Intend to sell any amount Class D
- Illegal gift
- Sell/Intend to sell paraphernalia to minor under 18
- Homemade Concentrates (manufacturing at home)
- Criminal Cultivation
Immediate Arrest
Minor in Possession of Alcohol
Warrantless arrest in presence
Disorderly Conduct
Warrantless arrest in presence in public
Disturbing the Peace
Warrantless arrest in presence in public
Disorder During Public Protest
Warrantless arrest for those who fail to leave when ordered
LARCENY
- Stealing
- Larceny by False Pretense
- Embezzlement
- Over $250 and/or Firearm or trade secret = Warrantless arrest on PC
- $250 or less = Warrantless arrest in presence (or complaint)
Attempted Larceny
Warrantless arrest in presence REGARDLESS of value of property. Otherwise complaint
Robbery
Felony always
Larceny from the Person
Larceny from a Building
Felony
Larceny by Check
Attempt = Misdemeanor -> Complaint
Received goods >$250 = Warrantless arrest on PC
Received goods $250 and under = Complaint
Concealing Leased or Rented Property
Complaint
or Warrantless arrest in presence
Identity Fraud
Warrantless arrest on PC
Shoplifting
Warrantless arrest on PC
(Statement from merchant or employee = PC)
Aggravated Shoplifting
Felony
Receiving Stolen Property
<$250 or 2nd Offense regardless of value = Felony
$250 and under = Confiscate property & Summons
Forgery / Uttering
Felony
All B&E Offenses
(Burglary / Home Invasion / etc)
Felony
Trespass
Warrantless arrest in presence
Destroy or Deface Property
(THE MIRRRRACLE STATUTE!)
Felony
Arson / Attempted Arson
Felony
Witness Interference & Obstruction of Justice
Felony
Tampering or Destruction of Evidence
Felony
Taking / Disseminating Images of Victims
Complaint unless Breach of the peace in presence
False Report to Public Safety Dispatch
1st Offense = Complaint
2nd/Subsequent offenses = Felony
False Report of Crime to Police
TO a police officer = Breach of peace in presence
Over phone = Complaint
False Written Report by Public Officer
Complaint
Bribery
Felony
Purjury
Felony