Ch. 5 Police Protection & Arrest Function

Question 1

For assault and battery on a public employee does a suspect have to know the employee was engaged in performance of his or her duty

Answer 1

Yes

Question 2

Right of arrest for A&B on a public employee

Answer 2

Arrested for breach of peace in presence otherwise complaint

Question 3

Right of arrest for A&B that occurred when public employee was operating a public transit vehicle

Answer 3

Arrest on PC

Question 4

Prosecution for ABPO serious bodily injury may only be prosecuted in which court

Answer 4

Superior

Question 5

Does the suspect have to know that he is striking a public employee to be charged with it?

Answer 5

Yes

Question 6

If the defendant assaults a uniformed officer and an off-duty officer intervenes and manages to subdue the suspect, what should the defendant be charged with?

Answer 6

Two counts of ABPO

Question 7

Can a suspect be charged with ABPO if the officer involved lacks arrest authority in that jurisdiction?

Answer 7

Yes

Question 8

Charge for spitting on a police officer

Answer 8

A&B public employee

Question 9

Can a ABPO conviction be based on reckless conduct causing physical injury

Answer 9

Yes

Question 10

Can a defendant claim self-defense for an ABPO charge if officers used excessive force

Answer 10

Yes

Question 11

What is the name of the agreement when a prosecutor agrees to dismiss a criminal case in exchange for the defendants agreement not to sue Police

Answer 11

Release-dismissal agreements

Question 12

For a release-dismissal agreement where the prosecutor dismisses a criminal case in exchange the defendants agreement not to sue police, who must voluntarily agree to the deal

Answer 12

The defendant

Question 13

In a case where a Chelsea detective is serving on a federal gang task force and a shot by a fleeing suspect, should the detective be considered a Chelsea police officer or a federal officer

Answer 13

Federal officer

Question 14

Right of arrest for A&B on EMT or healthcare provider

Answer 14

Arrest for breach of peace in presence otherwise complaint

Question 15

For A&B on EMT or healthcare provider, does the provider have to be treating the suspect at the time?

Answer 15

No

Question 16

For A&B on EMT or healthcare provider, does the provider have to be treating or transporting a patient at the time?

Answer 16

Yes

Question 17

For A&B on EMT or healthcare provider, a “healthcare provider” includes (6)

Answer 17

Medical doctor
Dentist
Registered nurse
Social worker
Psychologist
Agent/employee of licensed public or private hospital clinic or nursing home

Question 18

A&B on a dentist would be charged under

Answer 18

A&B EMT or healthcare provider

Question 19

A&B on employee of a nursing home would be charged under

Answer 19

A&B on EMT or healthcare provider

Question 20

Is interfering with a police officer, a common law crime?

Answer 20

Yes

Question 21

What are the two types of actions covered under interfering with a police officer?

Answer 21

Physically obstructed or threatened violence against the officer

Question 22

For interfering with a police officer does a suspect have to intend on obstructing or hindering the officer in the performance of duty

Answer 22

Yes

Question 23

Right of arrest for interfering with a police officer

Answer 23

Arrest for breach of peace and presence
Officers may legally seek a complaint, but undercuts their argument that defendant was interfering

Question 24

Can Police seek a complaint for a charge of interfering with a police officer?

Answer 24

Yes but it undercuts the argument that the defendant was significantly interfering with them

Question 25

If charging offender with a common law crime, what change should be made to the complaint form

Answer 25

Instead of inserting statute number, officers should simply write “common law offense”

Question 26

When determining the penalty for a common law crime, the judge imposes a _________ sentence for any crime whose penalty has not been established by statute

Answer 26

Reasonable

Question 27

Can a defendant be charged with interfering with the police officer if he attempts to re-enter his house while police are on scene serving a suspension notice and retrieving firearms

Answer 27

No

Question 28

Can a juvenile be charged with interfering with a police officer if they will not accompany an officer trying to bring them home or to a shelter

Answer 28

Yes

Question 29

If an incapacitated person who is being placed in protective custody refuses transport in an ambulance, can they be charged with interfering with the police officer?

Answer 29

Yes

Question 30

Following a bomb threat or fire alarm, if an individual refuses to evacuate the building, can they be charged with interfering with the police officer?

Answer 30

Yes

Question 31

Can verbally interrupting in a loud and persistent manner be considered a physical obstruction for interfering with a police officer

Answer 31

Yes

Question 32

If a passenger continuously interrupts an officer trying to issue a citation for a driver can they be charged with interfering?

Answer 32

Yes

Question 33

Videotaping officers is not interfering unless it is done in a manner that ________ ________ police

Answer 33

Physically hinders

Question 34

Verbal criticism directed at Police is typically not interfering unless it includes a threat of

Answer 34

Violence

Question 35

Is a suspects refusal to identify himself considered interfering with the police

Answer 35

No

Question 36

Right of arrest for a bicyclist who fails so identify themselves and stop by police

Answer 36

Arrest

Question 37

Someone is walking down the street and throws trash on the ground. An officer stops them and they refused to identify themselves. What is the strongest action?

Answer 37

Arrest

Question 38

Right of arrest for a boat operator that fails to identify themselves

Answer 38

Arrest

Question 39

Is there a law requiring suspects to identify themselves when detained by police?

Answer 39

No

Question 40

When police have PC but lack a right of arrest, and the person refuses to identify themselves for a criminal complaint, can they be charged with interfering

Answer 40

No

Question 41

If a passenger refuses to identify themselves in order to get a seatbelt violation, can they be charged with interfering?

Answer 41

No

Question 42

If a suspect refuses to identify themselves and officers do not have a right of arrest, what four steps can officers take in the field?

Answer 42

1. Persuasion 2. Prolong detention in order to take further ID steps. 3. Take a photo of suspect. 4. Fingerprint in the field

Question 43

What compounds the difficulty of identifying noncompliant suspects in MA is the SJC’s rule prohibiting officers from:

Answer 43

Searching for identification

Question 44

Right of arrest for neglect or refusal to assist officer

Answer 44

The rest for breach of peace in presence otherwise complaint

Question 45

Is 268/24 neglect or refusal to assist officer still a valid law

Answer 45

Yes

Question 46

Resisting arrest covers a person using _____, ______ or ______ against the police officer or another person

Answer 46

Physical Force Threat of physical force Risk of injury

Question 47

Resisting arrest covers any means that creates a _______ risk of bodily injury

Answer 47

Substantial

Question 48

Can A&B on a police officer be the underlying crime when charging resisting arrest

Answer 48

Yes

Question 49

What are the two defenses to resisting arrest?

Answer 49

Excessive force Officer lacked good faith

Question 50

If someone is charged for resisting arrest during a domestic and the domestic charge is later dropped before trial, what happens to the resisting charge

Answer 50

The resisting charge still goes through

Question 51

The basic legal standard for the proper use of force for all of us

Answer 51

When de-escalation is not feasible or has failed; Officers may use reasonable and proportionate force to make a lawful arrest

Question 52

____________ is a proactive approach to avoid or reduce the need for force

Answer 52

De-escalation

Question 53

De-escalation tactics include (6)

Answer 53

Verbal persuasion Warnings Slowing down Waiting it out Creating distance Requesting other resources

Question 54

Deadly force is permitted when an officer reasonably and currently fears imminent death or __________ for himself or another

Answer 54

serious injury

Question 55

When deciding to use deadly force, there should be no ________ risk to bystanders

Answer 55

Substantial

Question 56

If feasible an officer should issue a _______ before using deadly force

Answer 56

Verbal warning

Question 57

Do the police have a duty to retreat before using deadly force?

Answer 57

No

Question 58

To charge someone with resisting arrest, do they have to know that officers were making an arrest

Answer 58

Yes

Question 59

Can an officer punch a suspect in the face if they twist his groin

Answer 59

Yes

Question 60

When does the “arrest” process end in the field (2)

Answer 60

When the subject submits to official authority or is placed in a secure location

Question 61

If a defendant is already handcuffed and then yells at and kicks officers, is this considered resisting arrest

Answer 61

Yes, because he had not yet been placed securely in the cruiser

Question 62

If a suspect is secured in the back of a cruiser and begins, kicking the door and window repeatedly, can they be charged through system arrest

Answer 62

No

Question 63

Is stiffening arms to prevent handcuffing sufficient for resisting arrest

Answer 63

Yes

Question 64

Is stiffening body to prevent placement in a cruiser sufficient for resisting arrest

Answer 64

Yes

Question 65

Using force “in opposition” to officers is resisting unless it is passive, ________ ________

Answer 65

Nonviolent protest

Question 66

If a protester remains limp through the arrest process, is that sufficient for resistance

Answer 66

No

Question 67

Flight by itself is not resisting arrest, it has to create a _______ risk of injury

Answer 67

Substantial

Question 68

Is a high-speed foot chase in the dark through private property enough for a resisting recharge

Answer 68

Yes

Question 69

This refusing to come out of a hiding place upon command enough resisting arrest

Answer 69

No

Question 70

If trying to charge some of resisting arrest for refusing to emerge from a hiding place, what additional factors should officers explain? (4)

Answer 70

1.How long is suspect hid 2. Whether they had to search for him 3. Type of terrain 4. Tactical precautions (ex K9, guns drawn, backup brought in)

Question 71

Can a suspect be charged with resisting arrest if they fled and created potential injury to themselves?

Answer 71

Yes

Question 72

What statute covers when an officer makes an arrest and refuses to answer the arrestee’s questions about the reason, or answered untruthfully, or neglected upon request to show a warrant?

Answer 72

Right to know grounds for arrest

Question 73

Right of arrest for right to Know Grounds for Arrest

Answer 73

Complaint

Question 74

What is the charge when an officer arrests a suspect and pretends to have legal process, or a different legal process from the one he had?

Answer 74

False Arrest 263/2

Question 75

Right of arrest for false arrest

Answer 75

Complaint

Question 76

What is the charge if a suspect gives an officer a false name during the cruiser ride to the station after his arrest?

Answer 76

False information following arrest

Question 77

Right of arrest for false information following arrest

Answer 77

Not applicable

Question 78

Charge for providing false phone number following arrest

Answer 78

False information following arrest

Question 79

Charge for providing false Social Security number following arrest

Answer 79

False Information Following arrest

Question 80

When proving that someone provided a false name, they have to show that the false name is one that a person has assumed for a ________ purpose

Answer 80

Dishonest

Question 81

When charging someone for providing a false name, do the police have to prove the suspects true name

Answer 81

No

Question 82

If a person has previously identified himself to another police department under a different name, and he fails to disclose this name at the time of his arrest, can officers infer that the nondisclosure was for a dishonest purpose

Answer 82

Yes

Question 83

A defendant provides a name of Jared Bailey, and the defendants fingerprints match an earlier arrest of Jared Bailey AND four prior arrest for William Clark, can the defendant be charged with False Information Following Arrest

Answer 83

Yes, because using the name Jared Bailey without disclosing prior use of William Clark, was designed to hide his criminal history

Question 84

A defendant provided a false name when stopped by police. Once placed in handcuffs, the defendant insisted his false name was correct. Is this now sufficient for providing false information following arrest

Answer 84

Yes

Question 85

Does 268/15A Escape from Police Lock Up cover an attempted escape

Answer 85

No

Question 86

Right of arrest for escape from police lock up

Answer 86

Arrest for breach of peace in presence otherwise complaint

Question 87

268/15A escape from Police lock up covers suspect that was lawfully placed in a ______ or _____ lockup

Answer 87

City or town

Question 88

Aiding escape from police custody covers a suspect that aided or assisted a prisoner in escaping or attempting to escape from an __________ with lawful custody

Answer 88

Officer or person

Question 89

Does aiding escape from police custody apply to suspects who help a police prisoner that is inside or outside of the station

Answer 89

It covers both inside and outside of the station

Question 90

Right of arrest for aiding escape from police custody

Answer 90

Arrested for breach of peace in presence otherwise complaint

Question 91

What is the common law offense when a defendant is arrested in escapes from police custody?

Answer 91

Escape in the field from police officer

Question 92

What is the correct charge when a defendant flees from police while being transported to court?

Answer 92

Common law offense of escape In the field from police officer

Question 93

Correct charge for attempting to disable or defeat electronic monitoring device

Answer 93

268/16 attempted or actual escape by a correctional facility prisoner or pre-trial detaining

Question 94

Correct charge for failure to report on time for weekend jail

Answer 94

268/16 attempted or actual escape by a correctional facility prisoner or pre-trial detaining

Question 95

Correct charge for attempting to escape during transit in a sex offender treatment center

Answer 95

268/16 attempted or actual escape by a correctional facility prisoner or pre-trial detaining FELONY

Question 96

Right of arrest for attempted or actual escape by a correctional facility prisoner or pre-trial detainee

Answer 96

Felony

Question 97

What is your strongest action when someone fails to report for weekend jail?

Answer 97

Arrest for felony

Question 98

What is the correct charge when someone brings a disguise into a jail with the intent to help the prisoner escape

Answer 98

268/158 aiding a correctional facility prisoners escape

Question 99

Right of arrest for aiding a correctional facility prisoners escape

Answer 99

If prisoner charged with a felony, felony If prisoner charged with a misd, arrest in presence or complaint

Question 100

Right of arrest for attempted or actual escape from DYS

Answer 100

Arrest on PC

Question 101

Does attempted or actual escape from DYS cover the escapee or someone who assists the escapee

Answer 101

Both

Question 102

Right of arrest for negligently allowing an escape

Answer 102

Arrest in presence otherwise complaint