Right of Arrest Flashcards

(75 cards)

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
Indecent Exposure
- Warrantless arrest in presence in public - In private = Complaint
26
Secret Sexual Surveillance
- Making secret video = Warrantless arrest on PC - Disseminating = Felony
27
Sexual Conduct for a Fee Deriving Support from Prostitute (all prostitution offenses covered)
Felony
28
All Pornography Offenses covered
Felony
29
Domestic Violence
- 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
30
Criminal Harassment
Warrantless arrest upon PC (preferred response)
31
Stalking
Felony
32
Annoying or Obscene Electronic Comminication
Complaint
33
Unlawful Secret Recording
Unlawful recording = Felony Possession of device = Seize device & Summons
34
Interference with Civil Rights
Bodily Injury = Felony No injury = Breach of peace in presence (otherwise complaint)
35
Assault, A&B, or Property Damage for the Purpose of Intimidation
- Basic = Breach of peace in presence (otherwise complaint) - Results in injury or offender armed with gun = Felony
36
Destruction of or Threats to Destroy a Place of Worship
Damage >$5,000 = Felony $5k or under or involves a threat = Breach of peace in presence (otherwise complaint)
37
Carrying a Dangerous Weapon
Felony
38
Sale or Possession of Fireworks
Sale related = Warrantless arrest in presence Possession/Exploding = Confiscate & Summons
39
Possession of Controlled Substance
Warrantless arrest on PC
40
Smelling Substance with Toxic Vapor
Warrantless arrest in presence
41
Distribution Offenses
Class A/B/C = Felony Class D&E = Warrantless arrest on PC
42
Drug Trafficking
Felony
43
Sale or Possession with Intent to Sell Drug Paraphernalia
Buyer under 18 = Felony Otherwise - Warrantless arrest in presence
44
Sale of Hypodermic Needles & Syringes
Warrantless arrest on PC
45
Drug Free School & Park Zone
Felony
46
Fraudulently Obtaining Controlled Substance Stealing Controlled Substance from Authorized Dispenser
Felony
47
94C Conspiracy
Warrantless arrest on PC
48
- 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
Immediate Arrest
49
Minor in Possession of Alcohol
Warrantless arrest in presence
50
Disorderly Conduct
Warrantless arrest in presence in public
51
Disturbing the Peace
Warrantless arrest in presence in public
52
Disorder During Public Protest
Warrantless arrest for those who fail to leave when ordered
53
LARCENY - Stealing - Larceny by False Pretense - Embezzlement
- Over $250 and/or Firearm or trade secret = Warrantless arrest on PC - $250 or less = Warrantless arrest in presence (or complaint)
54
Attempted Larceny
Warrantless arrest in presence REGARDLESS of value of property. Otherwise complaint
55
Robbery
Felony always
56
Larceny from the Person Larceny from a Building
Felony
57
Larceny by Check
Attempt = Misdemeanor -> Complaint Received goods >$250 = Warrantless arrest on PC Received goods $250 and under = Complaint
58
Concealing Leased or Rented Property
Complaint or Warrantless arrest in presence
59
Identity Fraud
Warrantless arrest on PC
60
Shoplifting
Warrantless arrest on PC (Statement from merchant or employee = PC)
61
Aggravated Shoplifting
Felony
62
Receiving Stolen Property
<$250 or 2nd Offense regardless of value = Felony $250 and under = Confiscate property & Summons
63
Forgery / Uttering
Felony
64
All B&E Offenses (Burglary / Home Invasion / etc)
Felony
65
Trespass
Warrantless arrest in presence
66
Destroy or Deface Property (THE MIRRRRACLE STATUTE!)
Felony
67
Arson / Attempted Arson
Felony
68
Witness Interference & Obstruction of Justice
Felony
69
Tampering or Destruction of Evidence
Felony
70
Taking / Disseminating Images of Victims
Complaint unless Breach of the peace in presence
71
False Report to Public Safety Dispatch
1st Offense = Complaint 2nd/Subsequent offenses = Felony
72
False Report of Crime to Police
TO a police officer = Breach of peace in presence Over phone = Complaint
73
False Written Report by Public Officer
Complaint
74
Bribery
Felony
75
Purjury
Felony