CL. Ch. 5- Police Protection & The Arrest Function Flashcards
(85 cards)
1
Q
The suspect:
-Committed an A&B;
-Against ANY public employee;
-Who the suspect knew was engaged in the performance of his or her duty.
A
A&B on Public Employee:
2
Q
A&B on Public Employee:
Elements:
A
The suspect:
-Committed an A&B;
-Against ANY public employee;
-Who the suspect knew was engaged in the performance of his or her duty.
3
Q
A&B on Public Employee:
ROA:
A
Arrest of breach of peace in presence. Otherwise, complaint.
If operating public transit vehicle: Arrest Probable Cause
If A&B includes intend to disarm a police officer; or causes serious bodily injury: Felony
4
Q
A&B on Public Employee:
What would make this offense arrestable if it didn’t occur in the officers presence as a breach of peace?
A
-If operating public transit vehicle: Arrest Probable Cause
-If A&B includes intend to disarm a police officer; or causes serious bodily injury = Felony
5
Q
Jursdicition for ABPO serious bodily injury:
A
Superior Court
6
Q
Serious Bodily Injury results in: (3)
A
- Permanent disfigurement; or
- Protracted loss or impairment of a bodily function, limb, or organ; or
- Substantial risk of death
7
Q
A&B on Public Employee:
Is knowledge required?
A
Yes.
The suspect must know he is striking a public employee. It is sufficient if the officer verbally identified himself, or was wearing a uniform or badge.
8
Q
A&B on Public Employee:
Must the employee be engaged in performance of duty?
A
Yes.
The employee must be carrying out an official function.
9
Q
A&B on Public Employee:
Are officers covered when outside their jurisdiction and providing aid?
A
Yes.
10
Q
A&B on Public Employee:
Are off duty officers covered when performing a police function?
A
Yes.
Ex. defendant assaulted a uniformed officer; luckily, and off duty officer intervened and managed to subdue the defendant after both officers were struck several times; defendant was was properly convicted of separate counts for striking both the on-duty and off-duty officers.
11
Q
A&B on Public Employee:
Is an officer’s lack of arrest authority a valid defense ?
A
No.
As long as the officer was engaged in a legitimate police function.
*only legitimate defense is if officers use excessive force
12
Q
Spitting on a police officer is:
A
A&B on a public employee.
13
Q
A&B on Public Employee:
Conviction may be based on reckless conduct causing:
A
physical injury.
ex. breaking up a fight causes injury to officer
14
Q
A&B on Public Employee:
Defendant may claim self defense if:
A
officers used excessive force.
Ex. while on the ground in excruciating pain, defendant claimed officers were “trying to rip my arms out of their sockets”
15
Q
A&B on Public Employee:
A prosecutor may agree to dismiss a criminal case in exchange for:
A
the defendant’s agreement not to sue police.
-provided that the defendant voluntarily agrees, and the prosecutor is not attempting to cover up police misconduct.
16
Q
A local police officer, deputized as a member of a federal task force, is considered a:
A
“federal officer”- protected by 18 U.S.C Sec 111.
This statute prohibits assaulting or interfering with a federal officer.
17
Q
Assault or A&B on EMT or Health Care Provider:
A Health care provider is defined as:
A
- any medical doctor
- dentist
- registered nurse
- social worker
- psychologist
- agent or employee of a licensed public or private hospital, clinic, or nursing home
18
Q
Assault or A&B on EMT or Health Care Provider:
Who qualifies?
A
-EMT
- Ambulance operator
- Ambulance attendant
- Health care provider (see other card)
*The suspect must commit the assault or A&B while the employee is treating or transporting a patient
19
Q
Assault or A&B on EMT or Health Care Provider:
ROA:
A
Arrest beach of peace in presence. Otherwise, complaint.
20
Q
Assault or A&B on EMT or Health Care Provider:
Does the suspect need to be the person being treated?
A
No. The suspect must simply interfere with treatment or transport.
21
Q
Assault or A&B on EMT or Health Care Provider:
Correctional Officer:
ROA:
A
Felony
22
Q
Interfering with a Police Officer (Common Law Crime):
Elements: (3)
A
- The suspect knew, or should have known, the officer was engages in the lawful performance of duty: and
- Physically obstructed OR threatened violence against the officer;
- With the intent of bostructing or hindering the officer in the performance of duty
23
Q
Interfering with a Police Officer (Common Law Crime):
Is intent an element?
A
3 - intent of obstructing or hindering the officer in the performance of duty.
Yes.
24
Q
Interfering with a Police Officer (Common Law Crime):
Is knowledge an element?
A
1 “the suspect knew, or should have known..”
Yes.
25
Interfering with a Police Officer (Common Law Crime):
Elements: (simplified) (3):
1. Knowledge
2. Obstruction (of threat of violence)
3. Intent (to obstruct or hinder)
ROA: Arrest for breach of peace in presence. Otherwise, complaint.
26
Interfering with a Police Officer (Common Law Crime):
ROA:
Arrest for breach of peace in presence. Otherwise, complaint.
NOTE: Officers may legally seek a complaint, but it undercuts their argument that the defendant was significantly interfering with them at the time.
27
Interfering with a Police Officer (Common Law Crime):
Procedure: Although not defined by statute, Massachusetts recognizes this and other common law crimes. In fact, interfering is listed on page 1 of the District Court Complaint Manual. Prior to arraignment, on the standard complaint form, instead of inserting statute numbers, officer should simply write:
"Common Law Offense"
28
Interfering with a Police Officer (Common Law Crime):
Interfering with a police officer requires (blank) or (blank).
physical obstruction or threats of violence.
Ex. police department suspended Mark Adam's license to carry firearms. Officers went to Adam's home to serve the suspension notice and retrieve his 15 firearms and ammunition. Even though officers had been enforcing this crime for centuries, Adams was the first SJC decision to discuss its application. Here, Adams may have been upset and argumentative, be he did not physically obstruct officers from carrying out their duty. He simply tried to go back into his house; he did not prevent them from entering. His statements did not constitute a threat of violence either. Therefore, the SJC overturned his conviction for interfering.
29
Interfering with a Police Officer (Common Law Crime):
Physical obstruction covers more than force. It also covers (2)
1. Refuse to move
2. Verbally interrupt in a loud an persistent manner.
30
Interfering with a Police Officer (Common Law Crime):
Physical obstruction covers more than force. At a certain point, refusing to move is obstruction. Example include: (3 provided)
- A juvenile runaway who will not accompany an officer trying to bring him home or to a shelter;
-an incapacitated person who refuses transport in an ambulance when placed into protective custody;
-an individual who insists he will not evacuate a building following a bomb threat or during an active fire alarm.
31
Interfering with a Police Officer (Common Law Crime):
Physical obstruction covers more than force. A form of physical obstruction also occurs when an individual (blank) even after several police warnings.
verbally interrupts
ex. Officer Ambs attempted to question Klein, King told Klein twice not to speak. Officer Ambs threatened to arrest King if he interrupted again. King told Klein to stay silent. Officer Ambs arrested King for opposing an officer in the performance of his duty.
The court ruled that King's verbal interference was a physical interruption of questioning, which provided probable cause for the arrest.
32
Interfering with a Police Officer (Common Law Crime):
Is videotaping officers considered interfering?
No.
Unless it is done in a manner that physically hinders police.
33
Interfering with a Police Officer (Common Law Crime):
Videotaping officers is NOT interfering unless it is done in a manner that :
physically hinders police.
34
Interfering with a Police Officer (Common Law Crime):
Verbal criticism directed at the police is typically not interfering, unless:
it includes a threat of violence.
*Remember, this covers threats of VIOLENCE, not other types of threats (ex. I'll sue you, i know your chief ill have your badge, etc)
35
Interfering with a Police Officer (Common Law Crime):
Is a suspect's refusal to identify himself interfering with a police officer?
No.
- unless an officer has some specific statute to rely on( like 90 Sec 25- operator fail to ID), there is no general law requiring suspects to identify.
36
Interfering with a Police Officer (Common Law Crime):
Is there a general law requiring suspects to identify themselves when detained by police?
No.
37
Suspects who refuse to identify themselves can limit police action. For example, when officers have probable cause but lack a right of arrest, not having the person's name prevents them from applying for a criminal complaint. Similarly, officers cannot issue a ticket to someone who has committed a civil marijuana infraction unless the person gives their name. The same hold true for a passenger failing to wear his seatbelt.
An arrest for "interfering" in these and other situations is:
simply not an option.
** What compounds the difficulty of identifying non- compliant suspects in Massachusetts is the SJC's rule prohibiting officers from searching for identification before or after arrest- or during a motor vehicle stop.
38
If somebody refuses to identify themselves, and there is no specific statute to rely on, the author suggest that officers: (5 total)
Consider whether probable cause supports an arrestable offense
If officers truly do not have a right of arrest for the incident under investigation:
- Use their power of persauision
- Prolong the detention in order to take further ID steps
- Take a photo of the suspect on scene (officers can use their cell phone camera)
- Take fingerprints in the field (may do this during an investigative detention)
39
Neglect or Refusal to Assist Officer:
Elements: (2)
1. A person who was required by a police officer or deputy sheriff;
2. Neglected or refused to assist the officer in apprehending or securing of a person for a breach of the peace of for an escape.
40
1. A person who was required by a police officer or deputy sheriff;
2. Neglected or refused to assist the officer in apprehending or securing of a person for a breach of the peace of for an escape.
Neglect or Refusal to Assist Officer:
ROA: Arrest breach of peace in presence. Otherwise, complaint.
41
Neglect or Refusal to Assist Officer:
ROA:
Arrest for Breach of Peace in Presence, otherwise complaint.
42
Resisting Arrest:
Elements: (4 total)
1. The suspect knowingly prevented or attempted to prevent;
2. A police officer in the regular course of his assigned duties, who was in uniform or, if out of uniform, who properly identified himself by displaying his credentials;
3. From effecting an arrest of:
- the actor; or
- anther person;
4. By using against the police officer or another person:
- Physical force or threat of physical force; or
- Any means that creates a substantial risk of bodily injury.
43
1. The suspect knowingly prevented or attempted to prevent;
2. A police officer in the regular course of his assigned duties, who was in uniform or, if out of uniform, who properly identified himself by displaying his credentials;
3. From effecting an arrest of:
- the actor; or
- anther person;
4. By using against the police officer or another person:
- Physical force or threat of physical force; or
- Any means that creates a substantial risk of bodily injury.
Resisting Arrest
44
Resisting Arrest:
Elements: (simplified) (4 total)
1. Prevent or attempt to prevent
2. Police officer
3. Arrest
4. Force, threat, risk of injury
45
Resisting Arrest:
ROA:
Of course since officers are making an arrest at the time of the resistance, they may continue to do so!
In the case of a person who is interfering with the arrest of another, officers may arrest for this obvious breach of peace.
46
True or false?
The underlying crime for resisting arrest may be A&B on a police officer.
True.
ex. during original threshold inquiry, the defendant brushed away the officer's hand, which constituted the arrestable crime of A&B on a police officer; then the resisting occurred when the defendant wrestled with officers and threw punches.
47
Resisting Arrest:
An officer's legal mistake is excused, but what is not? (2)
1.excessive force; or
2, lack of good faith
48
Resisting Arrest:
Under 268 Sec. 32B, it IS a defense to resisting arrest if the officer:
Resorted to excessive force, OR lacked good faith.
49
What is the basic legal standard for proper use of force?
For all arrests:
- When de-escalation is not feasible or has failed,
- Officers may use reasonable and proportionate force to make a lawful arrest
The use of deadly force is reasonable when, in addition:
- The officer reasonably and currently rears imminent death or serious injury for himself or another
- There is no substantial risk to bystanders; and
- If feasible, the officer issues a verbal warning
50
For all arrests:
- When de-escalation is not feasible or has failed,
- Officers may use reasonable and proportionate force to make a lawful arrest
The use of deadly force is reasonable when, in addition:
- The officer reasonably and currently rears imminent death or serious injury for himself or another
- There is no substantial risk to bystanders; and
- If feasible, the officer issues a verbal warning
What does this describe?
The basic legal standard for proper use of force.
51
A proactive approach to avoid or reduce the need for force. It includes verbal persuasion, warnings, slowing the pace of an incident, waiting a out a person, creating distance, and requesting additional resources, such as mental health clinicians.
De-escalation.
52
What is de-escalation?
A proactive approach to avoid or reduce the need for force.
It includes:
- verbal persuasion,
- warnings,
- slowing the pace of an incident,
- waiting a out a person,
- creating distance, and
- requesting additional resources, such as mental health clinicians.
53
Do police have a duty to retreat?
No.
Because officers have an obligation to enforce the law and protect the public, retreat is not an option for an on- duty officer.
The question becomes whether the officer employed reasonable force.
54
Must resisting arrest occur during the arrest process?
Yes.
55
Resisting arrest must occur during the arrest process.
The offender must know that officer are:
making an arrest.
ex. defendant was walking toward the mall with a metal bat in her hand. When an officer approached her, she put the bat in her car. Officer tried to question her, and she screamed at him, drawing a crowd. When she tried to walk away, the officer told her she was under arrest for disorderly conduct. Defendant puller her arm away and began struggling. Officer pushed her against a car, while she kicked and spat at him. Officer took her to the ground. Whens he grabbed and twisted his groin, he punched her in the face. A second officer helped handcuff her.
While the exchange began as an investigative detention, it turned into an arrest. Officer told defendant she was under arrest. The court also noted that the officer did not use excessive force under the circumstances.
56
Resisting arrest must occur during the arrest process.
What can provide notice of arrest? (2)
Conduct before handcuffing and verbal notification.
57
Resisting Arrest:
The arrest ends when: (2)
1. The subject submits to official authority; OR
2. The subject is placed in a secure location (cruiser, for example)
58
Resisting arrest:
When does the arrest end?
When the subject submits to official authority OR is placed in a secure location.
ex. although the defendant was handcuffed, he spun, yelled and kicked officers; this was resisting arrest because he had not yet been placed securely in the cruiser.
59
Resisting arrest:
Do post- arrest activities qualify?
No.
Ex. Kevin Dobbins pushed officers when they tried to handcuff him following his OUI arrest. Once secured in the cruiser, Dobbins kicked the door and the window repeatedly, then swung his fist at officers when they placed him in his cell at the station. While the initial push constituted resisting arrest, Dobbins' post- arrest conduct in the cruiser and station did not.
60
Examples of sufficient resistance for resisting arrest:
- Physically struggling with police
- Stiffening arms to prevent cuffing
- Stiffening body to prevent placement in cruiser
- Using force "in opposition" to officers is resisting: *unless it is passive, nonviolent protest
61
Resisting Arrest:
Using force "in opposition" to officers is resisting unless:
it is passive, nonviolent protest
62
Resisting Arrest:
Flight is NOT, by itself, resisting arrest. It has to create a :
*substantial* risk of injury.
ex. at night, defendant led police on a foot chase on a dug-up roadway under construction with various obstacles, dangerous terrain, and the potential for traveling vehicles; this dangerous flight constituted resisting arrest.
63
Resisting Arrest:
Is refusing to emerge from a hiding place upon command resisting arrest?
No.
Ex. officers needed to show more than just defendant's refusal to come out of the woods in response to their yelling. In future cases officers should explain:
1. how long the suspect hid;
2. whether they had to search for him
3. the type of terrain; and
4. The tactical precautions taken (guns drawn, k9, back up)
Officers should detail the facts that created the potential for injury- to the arrestee OR officers.
64
Is "mouthing off" prior to arrest sufficient for Resisting Arrest?
No.
ex. defendant arrived home to find police investigating a domestic disturbance. He became excited, began yelling and cursing, and made numerous attempts to enter the apartment despite being told by officers to calm down. Police escorted him outside, where a crowd had gathered. Defendant was arrested for disorderly conduct and resisting arrest. However, there was insufficient evidence for resisting arrest. While he did mouth off, defendant did not use force or threaten to use force in connection with his arrest.
65
Right to Know Grounds for Arrest:
Elements: (3)
An Officer arrested a person and:
1. Refused to answer the arrestee's question about the reason for the arrest; or
2. Answered untruthfully; or
3. Neglected, upon request, to exhibit the warrant or document authorizing the arrest.
ROA: Complaint
66
An Officer arrested a person and:
1. Refused to answer the arrestee's question about the reason for the arrest; or
2. Answered untruthfully; or
3. Neglected, upon request, to exhibit the warrant or document authorizing the arrest.
ROA: Complaint
Right to Know Grounds for Arrest
ROA: Complaint.
67
Right to Know Grounds for Arrest
ROA:
Complaint.
68
False Arrest:
Elements: (1)
An officer arrested a suspect and pretended to have legal process, OR different legal process from the one that he had.
ROA: Complaint
69
An officer arrested a suspect and pretended to have legal process, OR different legal process from the one that he had.
False Arrest
ROA: Complaint
70
False Arrest
ROA:
Complaint
71
False Information Following Arrest
Elements: (4)
1. The suspect *knowingly* and *willfully*;
2. Furnished a false name, social security number, date of birth, home or mailing address, phone number, or any other information requested to identify the defendant
3. To a police officer or official (this would cover a civilian performing the booking for police)
4. Post Arrest- following an arrest
Note: This crime does not have to occur at the booking desk, although it typically will. For example, if a suspect gave an officer a false name during the cruiser ride to the station after his arrest, this offense would apply.
72
1. The suspect *knowingly* and *willfully*;
2. Furnished a false name, social security number, date of birth, home or mailing address, phone number, or any other information requested to identify the defendant
3. To a police officer or official (this would cover a civilian performing the booking for police)
4. Post Arrest- following an arrest
Note: This crime does not have to occur at the booking desk, although it typically will. For example, if a suspect gave an officer a false name during the cruiser ride to the station after his arrest, this offense would apply.
False Information Following Arrest
73
False Information Following Arrest:
ROA:
Not applicable.
Since this offense, by definition, must follow an arrest, the officer must have had a right of arrest for the underlying offense initially.
74
Suspect gives an officer a false name during the cruiser ride to the station after his arrest. What, if any, charges apply?
False Information Following Arrest Ch. 268 Sec. 34A
ROA: Not applicable- already under arrest
75
False Information Following Arrest Ch. 268 Sec. 34A:
Officers must prove use of:
"false name"
A false name is one that a person has assumed for a dishonest purpose. This includes conealing one's identity to avoid being charged, to obtain more favorable bail consideration, to avoid arrest on a warrant, or to avoid prosecution on the current charge by facilitating a default.
If a person has previously identified himself to any police department under a different name, and he fails to disclose this name at the time of his arrest, then officers may infer his nondisclosure was for a dishonest purpose. Remember, police do not have to prove the suspect's true name, they must simply prove that he use a name for a dishonest purpose.
76
1. The suspect was lawfully placed in a city or town lockup; and
2. The suspect escaped
Escape from Police Lockup Ch. 268 Se . 15A
Note: 15 A covers an escape from a police lock up. However, it does NOT cover and attempted escape. Officers must charge and attempt under 274 Sec. 6)
ROA: Arrest for breach of peace in presence, otherwise complaint.
77
78
Aiding Escape from Police Custody Ch. 268 Sec 17
and
Escape from Police Lockup Ch. 268 Se . 15A
ROA:
Arrest breach of peace in presence only, otherwise complaint.
79
This common law offense occurs when a defendant is arrested and escapes from police custody:
ROA:
Escape in the Field from Police Officer
ROA: breach of peace in presence, otherwise complaint
ex. defendant managed to flee from police while being transported to court; he could not be charged under 268 Sec 15A, because he escaped from a police cruiser, not a police *lockup*; this common law offense was the correct charge.
80
Attempted or Actual Escape by a Correctional Facility Prisoner or Pre-Trial Detainee Ch. 268 Sec. 16:
ROA:
Felony.
81
Is failing to report on time for weekend jail sentance an "escape" under Attempted or Actual Escape by a Correctional Facility Prisoner or Pre-Trial Detainee?
Yes.
82
What is knowingly disabling, or attempting to disable or defeat, an electronic monitoring device considered?
an "escape attempt" under Attempted or Actual Escape by a Correctional Facility Prisoner or Pre-Trial Detainee Ch. 268 Sec 16
83
The suspect must:
1. Bring into a correctional facility or jail, a disguise, instrument, weapon, or other thing with the intent to aid a prisoner's escape; or
2. Assist a prisoner in trying to escape (whether the prisoner attempts or not); or
3. Forcibly or fraudulently rescue or attempt to rescue a prisoner held in custody
Aiding a Correctional Facility Prisoner's Escape Ch. 268 Sec 15
ROA:
If prisoner charged with felony: Felony
If prisoner charged with misdemeanor: arrest for breach of peace in presence. Otherwise, complaint.
84
Attempted or Actual escape from DYS:
This prohibits escaping or attempting to escape from DYS custody. It also penalizes:
anyone who assists a DYS youth in this activity.
ROA: Warrantless arrest on probable Cause
85
Negligently Allowing an Escape Ch. 268 Sec. 20:
ROA:
Arrest for breach of peace in presence. Otherwise, complaint.
