CRIMINAL LAW

Question 1

What is the right of arrest for threats to commit a crime?

Answer 1

Complaint Only

Question 2

What is a “dangerous use” weapon?

Answer 2

A normal item which becomes a weapon when used in a dangerous fashion

Question 3

What is the right of arrest for assault and battery?

Answer 3

Misdemeanor, breach of peace, in presence

Question 4

A suspect picks up a knife and threatens to stab the victim. What crime is this? Misdemeanor or felony?

Answer 4

It is assault by means of a dangerous weapon, to wit knife. It is a felony

Question 5

How is a threat to commit a crime different from an assault?

Answer 5

Threat to commit a crime is words, either verbal or written. An assault is a swing and miss. A gesture putting a person in fear of a battery

Question 6

Stalking and criminal harassment are identical charges, except stalking involves a?

Answer 6

Threat

Question 7

When does larceny become a felony?

Answer 7

If the value of property stolen was valued at over $1200, or a firearm, or trade secret

Question 8

What is the statutory right of arrest for basic shoplifting?

Answer 8

It is a misdemeanor arrestable on probable cause

Question 9

What is mayhem and right of arrest?

Answer 9

Suspect maliciously intended to maim or disfigure; AND committed one of the following acts to the victim: Cut out or maimed the tongue; put out or destroyed an eye; cut or tore off an ear; cut, slit, or mutilated the nose or lip; OR cut off or disabled a limb or member of the victim. It is a felony

Question 10

What is the right of arrest for a suspect who unarmed tried to rob a person but did not complete the crime?

Answer 10

Felony

Question 11

What is the statutory right of arrest for larceny from a building?

Answer 11

Felony, REGARDLESS of the value of the object

Question 12

What is the right of arrest for unarmed robbery? (Force or fear)

Answer 12

Felony

Question 13

What is the right of arrest for armed robbery?

Answer 13

Felony

Question 14

What is M.G.L Chapter 209A?

Answer 14

Domestic Violence Laws

Question 15

M.G.L Chapter 265?

Answer 15

Crimes against the person

Question 16

M.G.L Chapter 94C?

Answer 16

Drug and Narcotic crimes

Question 17

M.G.L Chapter 138?

Answer 17

Alcohol crimes

Question 18

In cases of domestic violence and charging assault or assault and battery on family and household members, do you use 265 s 13A or 265 s 13M? What is meant by “family and household member”?

Answer 18

You charge 13A. “Family and household member” means the victim is or was: Related by blood or marriage; or living with the offender in the same household

Question 19

In cases of domestic violence and charging assault or assault and battery on an intimate partner, do you use 265 s 13A or 265 s 13M? And what is meant by an intimate partner?

Answer 19

You will charge 13M. An intimate partner means the victim: Is or was married to the offender; or had a child in common with the offender, regardless of whether they were ever married or lived together; or is or was involved in a substantive dating or engagement relationship

Question 20

True/False: Possession of a fake gun qualifies as being armed for robbery?

Answer 20

True

Question 21

What is the definition of assault in short?

Answer 21

A swing and a miss

Question 22

What is the right of arrest for sale or possession of fireworks?

Answer 22

For sales-related activity is misdemeanor warrantless arrest in presence. For possession of causing to explode: confiscate the fireworks and do a complaint

Question 23

What is the right of arrest for possession of over 2 ounces of marijuana in public by an adult age 21 and over?

Answer 23

It is a misdemeanor arrestable on probable cause

Question 24

What is the right of arrest for furnishing false name or social security number to law enforcement officers?

Answer 24

This is an additional (misdemeanor) charge. There is no statutory right of arrest. (The suspect is already under arrest).

Question 24

Someone is selling, or intending to sell, marijuana (any amount). What is your strongest action?

Answer 24

Arrest for the misdemeanor

Question 25

An adult, acting as parent, strikes a child. This is legally permissible as long as the adult who strikes the child is using…?

Answer 25

Reasonable force

Question 26

3 elements for police should not charge parents or guardians with assault and battery if:

Answer 26

**The force used was reasonable;** and **The force was for the purpose of safeguarding or promoting the child’s welfare**, including prevention or punishment of misconduct; and **There was no risk of physical harm**, gross degradation, or severe distress (physical harm may not exceed fleeting pain or minor transient marks)

Question 27

True/False: Natural intercourse is the insertion, no matter how slight, of the penis into the vagina.

Answer 27

True

Question 28

True/False: Unnatural intercourse includes oral intercourse and anal intercourse. This includes mouth/vagina and mouth/penis contact. Intrusion is not required. Inserting a finger or object into the genital or anal opening is rape

Answer 28

True

Question 29

Statutory rape is when a child under 16 makes consent irrelevant. Those under 16 are not sufficiently mature to fully understand the physical, mental, and emotional consequences of sexual intercourse. What is the right of arrest?

Answer 29

Felony

Question 30

What is the right of arrest for minors in possession of alcohol?

Answer 30

Misdemeanor warrantless arrest in presence

Question 31

What are the 3 body parts for indecent assault and battery on a child under 14 years old?

Answer 31

Breasts, buttocks, or genitals

Question 32

What is a shod foot?

Answer 32

A shod foot is a foot wearing a shoe; it is capable of being a dangerous weapon if capable of causing greater harm than an unshod foot

Question 33

A person in possession of credit cards belonging to ____ people is presumed to have known they were stolen.

Answer 33

Four or more other people. Right of arrest is misdemeanor arrestable in presence

Question 34

What is the right of arrest for criminal harassment?

Answer 34

Warrantless arrest on probable cause is the “preferred response”

Question 35

What is the right of arrest for assault and battery on a pregnant woman?

Answer 35

Felony

Question 36

Statutory right of arrest for assault and battery resulting in serious bodily injury?

Answer 36

Felony

Question 37

Statutory right of arrest for assault and battery with a hypodermic needle?

Answer 37

Felony

Question 38

Statutory right of arrest for assault and battery on a child under 14 years old?

Answer 38

Felony

Question 39

When thinking of burglary, what is the definition of “nighttime”?

Answer 39

One hour after sunset and one hour before sunrise the next day

Question 40

The rights of arrest for larceny?

Answer 40

Suspects steals property valued in excess of $250 is misdemeanor warrantless arrest on probable cause If the value of property stolen was valued at over $1200, or firearm, or trade secret, then it’s a felony.

Question 41

What are the rights of arrest for misdemeanors?

Answer 41

Misdemeanor in presence, breach of the peace Misdemeanor, in presence Misdemeanor, probable cause

Question 42

What is the right of arrest for fraudulently procuring food or accommodations for credit?

Answer 42

Misdemeanor arrestable as a breach of peace in presence. Otherwise, complaint

Question 43

The 5 ways that property owners communicate to the public the areas that are off limits?

Answer 43

Posted sign Verbal ejection Privacy precautions No trespass notice Court order

Question 44

What are some examples of privacy precautions?

Answer 44

A fence Walls Locked gates Doors

Question 45

For a typical firearm arrest, you will charge:

Answer 45

269 s 10 (a) Possession of firearm without a license 269 s 10 (h) Possession of ammunition without FID card 269 s 10 (n) Possession of loaded firearm

Question 46

What is the right of arrest for trespass after notice?

Answer 46

Misdemeanor arrestable in presence

Question 47

What is the right of arrest for defacing or damaging property?

Answer 47

Felony, REGARDLESS of value of damage

Question 48

What are some examples of Class A drugs?

Answer 48

Heroin Ketamine Fentanyl Carfentanil

Question 49

What are some examples of Class B drugs?

Answer 49

Cocaine Methadone Oxycontin Percocet MDMA (Ecstasy) Methamphetamine PCP (Angel Dust)

Question 50

What lies at the heart of any and all civil rights violations?

Answer 50

The suspect’s bias motivation

Question 51

What is the right of arrest for Affray?

Answer 51

Misdemeanor, breach of peace, in presence

Question 52

What is the definition of distribution?

Answer 52

“To deliver other than by administering or dispensing a controlled substance." Distribution is any non-medical delivery of drugs

Question 53

Trafficking is defined as…?

Answer 53

Trafficking is all about the weight!!

Question 54

What is the amount for controlled substances to be considered trafficking?

Answer 54

Marijuana 50 lbs. or more Cocaine 18 grams or more Heroin 18 grams or more Methamphetamine 18 grams or more Fentanyl 10 grams or more Carfentanil ANY amount

Question 55

What is the right of arrest for unlawful possession of a firearm/rifle/shotgun outside of home or business? 269 s 10(a)

Answer 55

Felony

Question 56

What is the right of arrest for unlawful possession of firearm, rifle, shotgun, or ammunition 269 s 10(h)?

Answer 56

Misdemeanor arrestable on probable cause

Question 57

What is the right of arrest for unlawful possession of a loaded firearm 269 s 10(n)?

Answer 57

There is no statutory right of arrest. It is an additional charge to 269 s 10(a) or 10c (machine gun)

Question 58

What is the right of arrest for Breaking and entering during the daytime?

Answer 58

Felony

Question 59

Burglary 266 s 15?

Answer 59

B&E. The suspect: **breaks and enters** with intent to commit a felony; OR enters with intent to commit a felony and then breaks into; dwelling. **A dwelling house**; night. In the **nighttime**; and No weapon or assault. The suspect: Is not armed with a dangerous weapon while in the house; AND does not assault a lawful occupant. Right of arrest: Felony

Question 60

What is the right of arrest for resisting arrest 268 s 32B?

Answer 60

No right of arrest except if interfering with an arrest of another

Question 61

Examples of sufficient resistance for resisting arrest? P S S U

Answer 61

Physically struggling with the police Stiffening or flailing arms to prevent cuffing Stiffening body to prevent placement in cruiser Using force “in opposition’ to officers

Question 62

What is the right of arrest for indecent exposure 272 s 53?

Answer 62

Warrantless arrest in presence in public. Complaint, in private

Question 63

What body part is considered indecent exposure?

Answer 63

Genitalia