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)