Legal Flashcards
(251 cards)
1
Q
1st Amendment
A
freedom of Speech, Religion, Press
2
Q
2nd Amendment
A
Right to keep and bear arms
3
Q
4th Amendment
A
Freedom from unreasonable search and seizure
4
Q
5th Amendment
A
prohibits Double jeopardy, self incrimination, right to due process
5
Q
6th Amendment
A
Right to know what you are charged with, the right to a speedy trial, the right to counsel, the right to confront witness
6
Q
8th Amendement
A
Prohibits excessive bail and cruel and unusual punishment
7
Q
14th Amendment
A
Provides equal protection and due process of the law applies bill of rights to states
8
Q
Article 12
A
Same as fifth amendment
9
Q
Article 14
A
Same as Fourth Amendment
10
Q
Statutory laws
A
Laws enacted by legislation
11
Q
Case Law
A
Massachusetts and federal courts interpreting laws become case law
12
Q
Searches
A
physical invasions or intrusions of privacy by police on people, homes, or personal property to obtain information or gather evidence
13
Q
Seizures
A
when police take possession of property, make an arrest, or restrict a person’s ability to move freely
14
Q
Reasonable Suspicion
A
Specific and articulable facts that lead a reasonable person to believe that a person has or is about to commit a crime
15
Q
Probable cause
A
Trustworthy Facts and circumstances that would convince a person of reasonable caution that more likely than not the person has or is about to commit a crime
16
Q
Collective knowledge
A
The knowledge of one is the knowledge of all
17
Q
Aguilar/Spinelli Rule
A
Two-pronged approach for establishing witness credibility, veracity and basis of knowledge
18
Q
Basis of knowledge
A
How a person knew the information
19
Q
Veracity
A
Is the witness credible or reliable
20
Q
Specific and Articulable Facts
The following factors are recognized by the SJC that can support RS and PC
A
Area of encounter, Reason of encounter, Officer training, Familiarity of suspect (or lack), the defendants nervousness or evasiveness, High crime area (Must articulate), Time of day, Suspects description and proximity to scene, Officers corroboration of facts
21
Q
Voluntary Encounter
A
Police do not need any justification to approach, talk with and ask questions of any citizen in a public place so long as the citizen is willing.
22
Q
Search Warrant
A
Absent specific circumstances, officers need a search warrant to search where there is a legal expectation of privacy
23
Q
Terry Stop
A
Short in duration, pat frisk of outer clothing for weapons, must have RS
24
Q
Two steps to determine validity of Terry stop
A
- Whether the initiation of the investigation was permissible under the circumstances
- what were the reasons officers believed that the suspect could be armed and dangerous
25
Investigative stop limitations
Degree of force, Duration, Scope, Location, Questioning, inferences
26
Degree of force (IS limitation)
Dangerousness to officers, flight, nature of inquiry, length of encounter
27
Duration (IS Limitation)
no set duration, can be no longer than necessary. The more serious the crime the more government intrusion is allowed.
28
Scope (IS limitation)
Limited to gathering information that a reasonable person will allow an investigative stop to continue to gather PC. Must be reasonable and proportionate for the reason for the stop.
29
Search incident to arrest
may be made only for the purpose of gathering fruits, contraband, instruments, and other evidence of the crime for which the arrest was made in order to prevent the destruction or concealment. Also for removing firearms and other weapons the defendant could use to resist arrest.
30
Consent searches
Warrantless searches are allowed when a person consents to allow officers to search somewhere they have a reasonable expectation of privacy
31
are spouses or roommates allowed to consent to searches?
yes to common areas but not to areas where the person has an exclusive expectation of privacy.
32
Plain View
Allows officers to seize evidence that they may not have been looking for but was in plain view to them while legally allowed to be in a space.
33
Reasonable expectation of privacy extends to a persons
Body, Home, Curtilage, personal property, places of business, Electronic devices.
34
Curtilage
the immediate area surrounding a house or dwelling where a person has a reasonable expectation of privacy
35
Exigent Circumstances
A reasonable likelihood for danger to officers or a third party, a reasonable likelihood for destruction of evidence, the likelihood of flight for a wanted person.
36
Frisk
A warrantless and limited searches of a person's outer clothing and other areas in the suspect's immediate control for weapons and not evidence
37
Vehicle Frisk
A frisk can extend to the interior of a person's vehicle as long as it is limited in scope
38
Police Powers of arrest
Arrests are seizures that initiate criminal prosecution.
39
Jurisdiction
A specific geographical area that an officer can arrest and serve.
40
Mutual aid agreements
Mutual aid agreements allow officers to to share personnel between each other and still have authority
41
Fresh and continued pursuit
Permits an officer in a fresh and continued pursuit for an arrestable offense to continue into another jurisdiction
42
citizens arrest
A citizen may make an arrest of someone who has "In fact" committed a felony
43
OIC in mutual aid
An officer in charge of one jurisdiction may request mutual aid from another OIC, once approved, the responding units have full police powers
44
Detentions by merchants
A merchant may detain a shoplifter in a reasonable manner and for no longer than reasonable.
45
Statements by Merchants
In Massachusetts, a merchant accusing a person of shoplifting is enough probable cause to arrest the person.
46
Obsenity
Language regarding sexual content that depicts sex in patently offensive way and has no serious literary, artistic, political, or scientific value
47
Fighting words
insulative, provocative words that are clearly directed at those who hear them.
48
Threats
intended to intimidate citizens and must be a true threat
49
Double jeopardy
Cannot be punished for the same mistake twice
50
Self incrimination
cannot be compelled to testify against yourself.
51
Due Process
protects people from government action by ensuring that there is a system in place and rules that must be followed before the government could infringe on someones rights
52
objective
what a reasonable person would do
53
subjective
what an individual thought in the moment
54
Location (IS limitation)
cannot move suspects
55
questioning (IS limitation)
Officers are not required to Mirandize suspects during an I.S. stop. The suspect is not required to answer.
56
Inferences (IS limitation)
Inferences of crime may be unreasonable.
57
What are the limits to the First Amendment
Fighting words, threats, obscenity, incendiary speech
58
are spouses or roommates allowed to consent to searches?
yes to common areas but not to areas where the person has an exclusive expectation of privacy.
59
If you frisk someone from a car and find a gun can you frisk everyone else in the car?
Yes, the risk is not over
60
There are three roommates in an apartment. Two give consent to search, but one says no, can you search?
No consent to search has been revoked
61
What level of suspicion do you have to be at for a pat frisk?
Reasonable suspicion
62
What is the system used by police to confirm warrants?
Warrant Management system WMS
63
What is the type of warrant used for out of state warrants?
Fugitive warrant
64
What are the agreements between towns for police powers?
Mutual Aid Agreements
65
Can a police officer when off-duty make an arrest not within their jurisdiction?
Yes, they can make a citizens arrest when a felony has occurred
66
When can an officer make an extra-territorial stop?
If a police officer witnesses a crime in their own jurisdiction, they can follow them into another jurisdiction to seize them
67
What elevates incendiary speech so that it is no longer protected by the first amendment?
When a specific means and set time for violence is mentioned- Brandenburg v Ohio
68
Which amendment applies the bill of rights to the states?
The 14th Amendment
69
How can the Massachusetts constitution differ from the U.S. constitution
It can provide more protection but not less
70
Do police officers need to believe that the suspect has a weapon to pat frisk them?
No, if the suspect keeps putting their hands in their pocket and asking nervously they can pat frisk- com V Johnson
71
Do police officers need to have the arrest warrant on them to make an arrest?
No, but it should be shown to them as soon as possible
72
Do police officers need to have a search warrant on them to conduct a search warrant?
Yes
73
Chapter 85
Regulations and bylaws for ways and bridges
74
Chapter 89
Laws of the road
75
Chapter 90
Motor Vehicles and Aircraft
76
Chapter 90B
Motorboats and other Rec vehicles
77
Chapter 90C
Procedure for Motor Vehicle Offenses
78
Chapter 159a1/2
Transportation network companies
79
chapter 266
Motor vehicle or Trailer Theft or concealment
80
323 CMR
Office in Law Enforcement
81
350 CMR
Department of conservation and water
82
540 CMR
Registry of Motor Vehicles
83
700 CMR
Department of transportation
84
720 CMR
Department of Highways
85
CMVI
All CMVI are minor infractions with no provision for imprisonment or arrest. Common
CMVI infractions include speeding, equipment violations, and marked lane violations. An
open container of alcohol is a civil motor vehicle infraction. Commonwealth v. Mansur,
484 Mass. 172 (2020).
86
Criminal Violation (Compare to CMVI)
Criminal motor vehicle violations are more serious, with provisions for arrest and
imprisonment. Under M.G.L 90 §21, police can file a criminal complaint via citation and
arrest without a warrant for specific violations.
87
Does criminal mean arrestable
No
88
USA SIR (powers of arrest
unlicensed op
operating after suspension
Use without authority
Leaving the scene
OUI
Refusal to submit
89
Motor vehicle Definition
“all vehicles constructed and designed for propulsion by
power other than muscular power constructed and designed for propulsion by power, including
such vehicles when pulled or towed by another motor vehicle.”
90
indicator for a MV
In Commonwealth v. Aponte, evidence that a small, motored bike could exceed a speed of
thirty miles per hour took it out of the category of motorized bicycles and defined it as a motor
vehicle.
91
Operation
The “operator” is any person who operates a motor vehicle. “A person is ‘operating’ a motor
vehicle whenever they are inside the vehicle and intentionally manipulate some mechanical or
electrical part of the vehicle (e.g., gear shift, ignition, etc.) which, alone or in sequence, will set
the vehicle in motion.”
92
Articuable facts for operation
does not need to be moving; the person needs to do an act that makes use of the vehicle
93
Corroboration of operation
Admission of operation is not enough, however, operation can be corroborated by witnesses, found in the driver seat after crash or while sleeping
94
Public Way
A public way is “any street or highway open to the public and controlled and maintained by
some level of government. This includes interstates, state highways, and municipal streets and
roads.”
95
Delivery of citation
A citation must be delivered
96
3 forms of delivery of citation
in hand
in hand to agent
Mail to violator
97
How to VOID a Citation
Write VOID on face of citation, provide a full explanation of why it was voided, provide voided citation to RMV, Record the voided citation with audit sheet
98
Audit Sheet
Audit sheet records citation with chiefs or designee (SGT. or higher) audit sheets must include: Citation number, Violators name, issuing officer name, date citation was issued, citation type
99
proper charges for rules of the road, turning
89-8 turn on red
100
proper charge for the rules of the road, passing
89-2 passing vehicle in same direction
101
Proper charge for rules of the road, lane usage
89-4a for motorcycles passing in same lane
102
Proper charge for rules of the road, right away
89-7 right-of-way of emergency vehicles
103
proper charge for rules of the road, traffic lights
89-9 traffic control
104
5 types of operators licenses
class A- Commercial
Class B- Commercial
Class C- Commercial
Class D - regular
Class M- Motorcycle
105
License Restriction
B- corrective Lenses
C- Mechanical Aid
D- Prosthetic/ Medical aid
E- CMV auto Transmission
G- Daylight only
H- hours restriction- employment
I- JR operator
J- Other
S- blood sugar
T- interlock
U- 3 wheeled motorcycle
V- med variance
Y- passenger restriction
106
proper charges registration and vehicle types
Chapter 90 section 1a
107
proper charges equipment inspection
Chapter 90 section 7
108
proper charges operator and passenger conduct, speed
Chapter 90-17
chapter 90-17C- speed in established thickly settled area
Chapter 90-18 speed regulation
17 is more speed than reasonable 18 is posted speed
109
proper charges operator and passenger conduct, seat belt
90-13A
110
Proper charges operator and passenger conduct, texting while driving
90-8m under 18
90-12a public transport
90-13B regular
111
proper charges operator and passenger conduct, OUI
90-24 OUI liquor
90-24L serious bodily injury OUI
90-24M OUI child endangerment
112
proper charges rec vehicles low speed
90-2G plates on low speed vehicle
113
proper charges, motorized bicycle
90-1b
114
proper charges motorized scooter
90-1e
115
proper charges, dirt bike
use on public way is 90B-20
116
proper charges, offenses against bicyclist
90-14
passing: operators must slow down and pass bikes at a reasonable distance and speed
cannot take right turns in front of bicyclists
cannot open doors into bicyclists and must yield right away on lefts
117
violations by bicyclists
MGL 85 sec 11E must check off bicyclist box, if the offender is under 16, give it to their parent,
118
when can you arrest a bicyclist?
when they fail to provide name to police after a witnessed violation.
119
What is TIM
Traffic incident management
120
How many feet apart should flares be?
20 feet
121
TIM steps
1. Windshield Sizeup
2. patrol car positioning
3. Move it or work it
4. Detailed assessment
5. Manage traffic flow
6. clear scene
122
what is the range for a fire extinguisher?
5-20 feet
123
what is the acronym for using a fire extinguisher?
PASS
Pull the pin
Aim the nozzle
Squeeze the trigger
spray and pray, baby
124
Police response to hazmat
Step1 detection
step 2 secure the scene
Step 3 identify hazmat material
step 4 Take action and request resources
125
Anatomy of the crash
1. point of possible perception
2. Point of actual perception
3. point of no escape
4. Key event
5. Point of initial engagement
6. point of maximum engagement
7. point of disengagement
8. Final resting place
126
Point of possible perception
Place where the operator could see the hazard
127
point of actual perception
place where the operator sees the hazard
128
point of no escape
place where the accident is no longer avoidable
129
Key event
entering into the rightful path of other vehicle
130
point of initial engagement
first contact
131
point of maximum engagement
place where the vehicles reach maximum penetration
132
point of disengagement
a place where vehicles separate
133
final resting place
place where the vehicles stop after the crash
134
controlled final resting place
the driver stops the vehicle
135
uncontrolled final resting place
The vehicle comes to rest without driver input
136
print tire marks
tire marks where the tires are not spinning or skidding and leaves impression in soft materials
137
skid tire marks
Skids are left behind when the tire loses traction and slides over the roadway. Skids are caused when the tire locks up. tires are not rotating at all during skids
138
skip skids
Skids occur when the skidding tires leave the surface of the road. They are typically 1-3 feet and follow a bump in the road.
139
gap skids
gap skids occur when the tires lock up, unlock and then re-lock. common distance 15-20 feet.
140
Scuff tire marks
Scuff tire marks occur when the tires are simultaneously rotating and side-slipping. occurs when the vehicle is rapidly rotating.
141
Yaw marks
yaw marks occur when the vehicle is navigating the curve and the rear tires travel in a different direction then the vehicle is heading.
142
When do you use 2 marks when identifying marks on the road during a crash?
when they are bigger than 2 feet
143
how many crashes are caused by mechanical failure?
less than 1 %
144
contact damage
damage caused by direct contact with another vehicle
145
induced damage
damage caused by anything other than direct contact, for example, roof buckling when a vehicle is struck from behind.
146
Post damage
damage caused by the sleepy firefighters
147
paint/material transfer
caused during crashes between vehicles and pedestrians
148
TOPS
Traffic Occupant Protection System
149
3 primary modes of injury in a crash
1. vehicle collision
2. human collision
3. Internal collision
150
vehicle collision
sudden force experienced and absorbed by the body
151
human collision
people inside the vehicle striking each other, more common when people are not wearing seatbelts
152
internal collision
organs striking against each other
153
Four common types of crashes
1. frontal
2. rear end
3. lateral
4. roll-over
154
what is a vulnerable user?
non motorists involved in a crash
155
156
Direct evidence
Based on personal knowledge or observations
157
Circumstantial evidence
Testimony based on other facts from which deductions are drawn showing indirectly the facts sought to prove
158
Physical evidence
Is tangible includes objects property or items
159
Testimonial evidence
May be direct or circumstantial it includes statements made by victims witnesses suspects or police
160
Hearsay testimony
Is second hand knowledge about what another person said
161
Spontaneous utterances
Are out of court statements uttered during the heat of the moment
162
Exculpatory evidence
Evidence that is helpful to the defense
163
Chain of custody
Date time and location evidence was seized
Name of officer who seized it
All dates and times evidence was received or transferred
Names of all people who came in contact with evidence
Full description of evidence for positive id
164
General intent
Exists when the offender knowingly acts but does not necessary desire the consequences of the act
165
Specific intent
Exists when the offender has a purposeful state of mind to accomplish the precise criminal act
166
Transferred intent
Exists when an offender intended to harm one person but harmed someone else
167
Motive
May be relevant and material to the issue of criminal intent but motive is not essential to prove a crime was committed
168
Coincide
For a crime to occur the act (actus reus) must coincide with the intent (mens rea)
169
Two crime classifications
Felonies and misdemeanors
170
Felony
Any crime punishable by confinement in state prison
171
Statute of limitations
Charges must be filed within a specific number of years from the original date of offense
172
Statute of limitations for most crimes
6 years
173
Statute of limitations for murder
None stupid
174
Statute of limitations for sexual assaults involving children
Have no time limit but any complaint filed more than 27 years after must be cooperated by independent evidence
175
Statute of limitations armed robbery
10 years
176
Statute of limitations rape
15 years
177
Statute of limitations- tolled
Pressing the pause button on the statute of limitations
178
When can the statute of limitations be tolled
Suspect living outside MA
Age of victim in certain offenses
179
Lesser included offenses
One whose elements are a subset of the elements of the charged offense to charge suspects correctly officers must recognize crimes with lesser included elements
180
Responsible parties
Principal- person who actually commits the crime
Aider or abettor
Knowingly and intentionally participated in some meaningful way in the commission of the offense
Did so with the intent required for that offense
181
Accessory before the fact
Someone other than the suspect committed the felony,
That the suspect was an accessory to that felony by counseling hiring or in some other way arranging the suspect did so with the same intent as the principal was
182
Overt act
Must be a real step toward carrying out the crime
183
Crimes against person
Assault and battery
Robbery
Sexual assaults
Murder
184
2 types of assault
Attempted battery and threatened battery
185
Attempted battery
Intended to commit a battery took and overt act and came reasonably close to committing a battery
Right of arrest:presence or warrant
186
Threatened battery
Suspect intended to put victim in fear
Engaged in some conduct toward the victim
Victim reasonably feared that a battery was imminent
Right of arrest: presence or warrant
187
Assault case law
Victim must experience fear of imminent harm to charge threatened battery
Words alone do not generally rise to the level of assault
188
Assault by dangerous weapon
Suspect attempted or threatened a battery by using a dangerous weapon
Right of arrest: felony
189
Factors to consider when deciding if an item was used as a weapon include
Size weight shape
Composite material (glass metal)
Suspect actions and intent to provoke fear
How suspect uses the weapon
190
Deceptive weapon
Any device that is intended to convey the presence of a firearm
191
types of assault and batttery
Intentional and reckless
192
Intentional a&b
The suspect touched another person and intended to touch another person
Touch was either likely to cause bodily harm or was offensive
Right of arrest presence or warrant
193
Intentional A&B case law
Assault is lesser included offense
Consensual touching can be an assault and battery if it is physically harmful
194
Reckless a&B
Suspect intentionally engaged in actions which caused bodily injury to another
Actions amounted to reckless conduct
Right of arrest presence or warrant
195
Reckless A&B case law
Touching cannot be accidental or negligent but it can be reckless specific intent not required
Reckless conduct must result in physical injury does not need to be permanent injury but must be more than trifling
196
Intentional A&B by dangerous weapon
Suspect touched another person
Intended to touch another person
Touching was done with a DW
Right of arrest felony
197
Intentional A&B case law
Slight touching with weapon may be sufficient if assault element is proven
Suspect can still be charged if victim tried to flee or fight back in fear causing the injury
198
Reckless A&B by DW
Suspect engaged in actions that caused bodily injury
Bodily injury was done by DW
Suspects actions amounted to reckless conduct
Right of arrest: felony
199
Assault in a dwelling by DW
Suspect entered a dwelling that was not their own WHILE armed with DW
Suspect assaulted another person
Assault was committed with the specific intent to commit a felony
Right of arrest felony
200
A&B by hypodermic needle
Commits an assault or assault and battery
By using a hypodermic needle or syringe
Right of arrest: felony
201
Aggravated A&B
Is aggravated in 3 situations
Results in serious bodily injury
Is committed on a person the suspects knows or has reason to believe is pregnant
Is upon someone the suspect knows has an active RO against the suspect
Right of arrest felony
202
A&B against specific persons
A$B DW on person 60 or older
Upon elderly or disabled person
Pregnant person
Upon a child under 14 with bodily injury
All are felonies
203
A&B upon Public Employees
In addition to standard A&B there are four additional elements
Victim is a public employee (officer)
Suspect know the victim was ^
Victim was performing their duty at time of incident
Suspect know the victim was performing their duty
Right of arrest: presence unless causes serious bodily injury or suspect tried to disarm police officer
204
A&B on healthcare provider
A&B upon a healthcare provider while they are treating person in line of duty
Right of arrest: presence
205
A&B to collect a loan
Whoever commits an assault and battery for the purpose of collecting a load
Right of arrest felony
206
Mayhem
Committing specific acts
By using dangerous substances or weapons
Being privy to someone committing mayhem
Right of arrest felony
207
What are the specific acts of mayhem
Maliciously intend to maim or disfigure and
Committed one of the following acts
Cut out or maim tongue
Put out or destroy an eye
Cut or tear off ear
Slit or mutilate or main nose or lip
Cut off or disable a limb or member
Specific intent may be inferred by actions
208
Mayhem dangerous weapon or substance
Intend to main or disfigure
Assault victim with DW substance or chemical
By such assault disfigures, cripples or inflicts serious or permanent injury
209
Mayhem case law
Privy: suspect knew of another person’s intent to maim or disfigure or was present and aided in crime
Proof that suspect had specific intent to maim or disfigure victim is required
A person must have the specific malicious intent to maim or disfigure knowledge of weapons used is not enough
Crippling means to deprive use of limb it does not need to be permanent
210
Assault with intent to murder
The suspect assaulted another with the specific intent to murder
Right of arrest: felony
211
Assault with intent to maim
Suspect intended to maim or disfigure
The suspect assaulted another with a DW with intent to disfigure
Right of arrest: felony
212
Indecent A&B
A&B can be considered indecent if it involves touching portions of the anatomy that are considered private
213
Indecent A&B case law
Kissing can be indecent in certain circumstances
Touching of abdomen or thighs may be indecent
Intent to attain sexual gratification is not required
Can include acts where the suspect directs victims to touch private areas of suspect or another person
214
Indecent A&B 14+
Suspect committed indecent A&B
Victim did not consent
Right of arrest felony
215
Indecent A&B under 14
Child cannot consent to touching
Right of arrest felony
216
Aggravated indecent A&B
When is it aggravated
If committed by a mandated reporter or during one of the following crimes:
Burglary or home invasion
Breaking and entering
Kidnapping
Robbery
A&B DW
Posing a child in state of nudity or sexual conduct
217
Indecent A&B on person with intellectual disability
Suspect has to know the victim had an intellectual disability
Does not apply if both suspect and victim are disabled
Right of arrest felony
218
Strangulation
Suspect applied substantial pressure on the throat or neck
Suspect interfered with the normal breathing or blood flow
Did so intentionally
Right of arrest: felony
219
Suffocation
Suspect blocked the nose or mouth
Interfered with the normal breathing or circulation
Did so intentionally
Right of arrest: felony
220
Strangulation and suffocation enhanced penalties
Victim suffers serious bodily injury
Victim is pregnant and suspect is aware
Suspect has previously been convicted of strangling or suffocating
Victim had an active RO
221
Armed robbery
Suspect took property
Property was owned by another
Suspect took the property from other person
Suspect did so with intent to deprive
By force or violence of by putting victim in fear
Suspect did so while armed with a DW
Right of arrest felony
222
Armed robbery case law
If suspect is caught and is not armed they cannot be charged unless they had a chance to dispose of weapon
If item is used in a menacing way that is enough
Holding a gun or a mask is menacing conduct
223
Enhanced penalties armed robbery
The suspect is masked or disguised
The suspect is armed with a firearm
224
Unarmed robbery
Suspect took another’s property
Suspect did so with intent to deprive
By force or threatened force and put victim in fear
Right of arrest: felony
225
Unarmed robbery case law
Value of property stolen is irrelevant
If force is used, fear is not necessary
Victim must be aware force is being used, victim does not have to resist
226
Larceny from person
Suspect took property of another
Suspect did so with intent to deprive
227
Unarmed assault with intent to rob
Charge is applicable when someone assaults a person with intent to rob but does not complete the crime
Incidental touching is not enough
Suspect grabbing at money in hands of cashier was sufficient
Right of arrest: felony
228
Armed assault intent to rob or murder
Must I explain?
Felony
229
Stealing by confining of putting in fear
Whenever with intent to commit larceny or any felony confined maims injures or wounds
Right of arrest felony
230
Assault of person for purpose of stealing MV: carjacking
Whoever with intent to steal a motor vehicle
Assaults confined maims or puts another person in fear
Whether they succeed or fail in perpetration of stealing MV
Enhanced penalties if armed with DW
Right of arrest: felony
231
Criminal harassment
Suspect engaged in a knowing pattern of conduct or speech on at least 3 separate occasions
Suspect intended to target victim with harassing conduct or speech
Conduct or speech were of such a nature that they seriously alarmed the victim
Acts were of such a nature that they would cause a reasonable person to suffer substantial emotional distress
Suspect committed the acts willfully
Right of arrest warrantless with PC
232
Stalking
Over a period of time suspect engaged in acts on 3 separate occasions
Those acts would cause a reasonable person to suffer substantial emotional distress
Acts did cause victim to become alarmed or annoyed
Suspect took those actions willfully and maliciously
Suspect also made a threat with the intention of placing victim in imminent fear of death or bodily injury
Right of arrest: felony
233
Indecent exposure
Suspect exposed their genitals to one or more persons
Suspect did so intentionally
One or more persons was offended
Right of arrest presence
Does not have to occur in public place
Indecent exposure HAS to be genitals
234
Lewd and lascivious act
suspect committed or publicly solicited another person commit a sexual act
Sexual act involved touching the genitals or buttocks or female breast
Suspect did this either with the uprose of sexual arousal or offending others
Committed in a public place
Right of arrest presence if in a public place
235
Annoying or accosting person
Suspect knowingly engaged in an offensive and disorderly act
Suspect intended to direct conduct toward another
That person was aware of suspect’s act
Conduct would be offensive to reasonable person
Right off arrest presence
Sexually explicit language may be inherently threatening
236
Open and gross lewdness
Suspect exposed their genitals buttocks or female breast to another
Suspect did so intentionally
Suspect did so openly intending or disregarding risk of public exposure
Suspect act was done in a way as would alarm or shock a reasonable person
At least one person was alarmed or shocked
Right of arrest: felony
237
Secret sexual surveillance
Suspect wildfire photographs another person
Other person is nude or partially nude
suspect did so with intent to hide activity
Victim is in a place where they would have a reasonable expectation of privacy
Suspect did so without the victims knowledge or consent
Right of arrest warrantless
238
Secret sexual surveillance dissemination
Willfully disseminating image depicting another person
Snoring the image was obtained without victims consent
Right of arrest: felony
239
Rapport
A harmonious relationship in which the people or groups understand each others feelings or ideas and communicate well. It is marked by ready communication and mutual understanding or a relationship built on mutual trust or emotional affinity
240
Respect
Is an act of showing consideration for another persons needs or feelings
241
Neutrality
Is being fair or impartial and not helping either side in a conflict or disagreement
242
Active listening
Combination of body language questioning and summarizing
243
Professionalism
Is the skillet good judgment and polite behavior expected from a person who is trained to do a job well it is also the conduct aims or qualities that characterize a profession or professional person
244
Types of interviews
Field interview
Investigative stop
Scheduled
Interrogations
245
PRIDES
Plan
Rapport
Identify
Develop
Evaluate
summarize
246
Interview v interrogation
Person under interrogation is not free to leave is the suspect of a crime the interrogation must be recorded
247
Six hour rule
A statement made within 6 hours of arrest will not be suppressed
248
Miranda waived requirements
Knowing
Intelligent
Voluntary
249
Express or implied waivers
Expressed: suspect waives rights verbally or written
Implied suspects conduct implies an intent or desire to waive rights
Expressed is preferred
250
Miranda exceptions
Routine booking questions
Public safety exceptions
251
PRINCIPLES
Plan
Rapport
Miranda
Normalize
Clarify
Identify
Push
Listen
Evidence
Summarize
