Right of Arrest Flashcards

1
Q

Accomplice

A

Depends on the underlying offense

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2
Q

Accessory After the Fact

A

Felony

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3
Q

Attempt to Commit a Crime

A

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

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4
Q

Conspiracy

A

If object is a felony = Arrest
If object is misdemeanor = Complaint

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5
Q

Solicitation of a Felony

A

Solicited offense punishable >10yr SP = Felony
Solicited offense punishable <10yr SP = Complaint

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6
Q

Threats to Commit a Crime

A

Complaint ONLY
Never have a ROA unless clear & present danger

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7
Q

Extortion

A

Felony

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8
Q

Assault

A

Complaint
Unless breach of peace in presence

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9
Q

Assault DW

A

Felony always

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10
Q

Assault & Battery

A

Basic = Complaint unless breach of peace in presence
DV/Harassment A&B = Arrest on PC

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11
Q

ABDW

A

Felony

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12
Q

Mayhem

A

Felony

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13
Q

A&B Public Employee

A

Basic = Breach of peace in presence
While operating public transit = Arrest on PC
Felony if offender attempts to disarm or cause injury

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14
Q

Interfering with Police Officer

A

Breach of peace in presence

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15
Q

Escape from Police Lockup
Aiding Escape from Police Custody

A

Breach of peace in presence
Otherwise Complaint

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16
Q

Kidnapping

A

Felony

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17
Q

Parental Kidnapping

A
  • Felony for “aggravated” offenses (exposed to danger or removed from MA)
  • Complaint if no immediate danger. Send complainant to Probate Court
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18
Q

Enticement

A

Felony

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19
Q

Cruelty to Animals

A

Felony

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20
Q

Possess or Train Fighting Animals

A
  • 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
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21
Q

Rape & Incest

A

Felony

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22
Q

Lewd & Lascivious Conduct

A

Warrantless arrest in presence in public

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23
Q

Annoying & Accosting Sexually

A

Warrantless arrest in presence in public

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24
Q

Open & Gross

A

Felony

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25
Q

Indecent Exposure

A
  • Warrantless arrest in presence in public
  • In private = Complaint
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26
Q

Secret Sexual Surveillance

A
  • Making secret video = Warrantless arrest on PC
  • Disseminating = Felony
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27
Q

Sexual Conduct for a Fee
Deriving Support from Prostitute
(all prostitution offenses covered)

A

Felony

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28
Q

All Pornography Offenses covered

A

Felony

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29
Q

Domestic Violence

A
  • 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
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30
Q

Criminal Harassment

A

Warrantless arrest upon PC (preferred response)

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31
Q

Stalking

A

Felony

32
Q

Annoying or Obscene Electronic Comminication

A

Complaint

33
Q

Unlawful Secret Recording

A

Unlawful recording = Felony
Possession of device = Seize device & Summons

34
Q

Interference with Civil Rights

A

Bodily Injury = Felony
No injury = Breach of peace in presence (otherwise complaint)

35
Q

Assault, A&B, or Property Damage for the Purpose of Intimidation

A
  • Basic = Breach of peace in presence (otherwise complaint)
  • Results in injury or offender armed with gun = Felony
36
Q

Destruction of or Threats to Destroy a Place of Worship

A

Damage >$5,000 = Felony
$5k or under or involves a threat = Breach of peace in presence (otherwise complaint)

37
Q

Carrying a Dangerous Weapon

A

Felony

38
Q

Sale or Possession of Fireworks

A

Sale related = Warrantless arrest in presence
Possession/Exploding = Confiscate & Summons

39
Q

Possession of Controlled Substance

A

Warrantless arrest on PC

40
Q

Smelling Substance with Toxic Vapor

A

Warrantless arrest in presence

41
Q

Distribution Offenses

A

Class A/B/C = Felony
Class D&E = Warrantless arrest on PC

42
Q

Drug Trafficking

A

Felony

43
Q

Sale or Possession with Intent to Sell Drug Paraphernalia

A

Buyer under 18 = Felony
Otherwise - Warrantless arrest in presence

44
Q

Sale of Hypodermic Needles & Syringes

A

Warrantless arrest on PC

45
Q

Drug Free School & Park Zone

A

Felony

46
Q

Fraudulently Obtaining Controlled Substance
Stealing Controlled Substance from Authorized Dispenser

A

Felony

47
Q

94C Conspiracy

A

Warrantless arrest on PC

48
Q
  • 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
A

Immediate Arrest

49
Q

Minor in Possession of Alcohol

A

Warrantless arrest in presence

50
Q

Disorderly Conduct

A

Warrantless arrest in presence in public

51
Q

Disturbing the Peace

A

Warrantless arrest in presence in public

52
Q

Disorder During Public Protest

A

Warrantless arrest for those who fail to leave when ordered

53
Q

LARCENY
- Stealing
- Larceny by False Pretense
- Embezzlement

A
  • Over $250 and/or Firearm or trade secret = Warrantless arrest on PC
  • $250 or less = Warrantless arrest in presence (or complaint)
54
Q

Attempted Larceny

A

Warrantless arrest in presence REGARDLESS of value of property. Otherwise complaint

55
Q

Robbery

A

Felony always

56
Q

Larceny from the Person
Larceny from a Building

A

Felony

57
Q

Larceny by Check

A

Attempt = Misdemeanor -> Complaint
Received goods >$250 = Warrantless arrest on PC
Received goods $250 and under = Complaint

58
Q

Concealing Leased or Rented Property

A

Complaint
or Warrantless arrest in presence

59
Q

Identity Fraud

A

Warrantless arrest on PC

60
Q

Shoplifting

A

Warrantless arrest on PC
(Statement from merchant or employee = PC)

61
Q

Aggravated Shoplifting

A

Felony

62
Q

Receiving Stolen Property

A

<$250 or 2nd Offense regardless of value = Felony
$250 and under = Confiscate property & Summons

63
Q

Forgery / Uttering

A

Felony

64
Q

All B&E Offenses
(Burglary / Home Invasion / etc)

A

Felony

65
Q

Trespass

A

Warrantless arrest in presence

66
Q

Destroy or Deface Property
(THE MIRRRRACLE STATUTE!)

A

Felony

67
Q

Arson / Attempted Arson

A

Felony

68
Q

Witness Interference & Obstruction of Justice

A

Felony

69
Q

Tampering or Destruction of Evidence

A

Felony

70
Q

Taking / Disseminating Images of Victims

A

Complaint unless Breach of the peace in presence

71
Q

False Report to Public Safety Dispatch

A

1st Offense = Complaint
2nd/Subsequent offenses = Felony

72
Q

False Report of Crime to Police

A

TO a police officer = Breach of peace in presence
Over phone = Complaint

73
Q

False Written Report by Public Officer

A

Complaint

74
Q

Bribery

A

Felony

75
Q

Purjury

A

Felony