Which of the following offenses would not be arrestable without a warrant, assuming the crime was no breach of the peace involved:
a. A 17 year old teenaged male punches his girlfriend in the facial area after learning she was pregnant b. Johnny Swindler a known con man was found trying to sell bootleg DVDs to commuters at the bus stop. Johnny is found with a suitcase holding more than 65 DVDs for sale. c. Craig Thief is caught by mall security attempting to steal a gold watch from May Jewelers valued at $260.00 d. All of the above are arrestable without a warrant even if not in the officer's presence
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Which of the following offenses would not be arrestable without a warrant, assuming the crime had no breach of the peace involved:
a. A 17 year old teenaged male punches his girlfriend in the facial area after learning she was pregnant 2% b. Johnny Swindler a known con man was found trying to sell bootleg DVDs to commuters at the bus stop. Johnny is found with a suitcase holding more than 65 DVDs for sale. 44% c. ...attempting to steal a gold watch from May Jewelers valued at $260.00 5% correct* d. All of the above are arrestable without a warrant even if not in the officer's presence 49%
*Let me explain... A) A&B on pregnant woman is a felony - B) Unauthorized recordings - Ch. 266 sec 143E below is a felony with 65 or more recordings (see note below) - C) attempted larceny is always a misdemeanor no matter what the value of the property see excerpt below from Ch. 274 sec. 6 - D) is wrong because C is correct
Now, one could argue that attempting to steal a watch from a store would fall under the shoplifting statute and thus would grant statutory powers of arrest but there are scenarios where someone could attempt to steal without actually meeting the shoplifting statute - i.e. an inside job, employee theft etc. But this would be a great argument for an appeal and this a good example of the type of questions that stir a lot of debate on the actual exam. It is very difficult to put such a wide range of case law and seemingly conflicting statutes into a multiple choice question - but those well prepared test takers know how to look for these issues and prepare well argued appeals.
Chapter 166 section 143E Unauthorized reproduction of recordings
iii) by imprisonment in state prison for not more than 5 years or by a fine of not more than $250,000, or by both such fine and imprisonment if the offense involves not less than 1,000 unlawful sound recordings or not less than 65 unlawful audio visual recordings.
Chapter 274: Section 6. Attempts to commit crimes; punishment
Section 6. Whoever attempts to commit a crime by doing any act toward its commission, but fails in its perpetration, or is intercepted or prevented in its perpetration, shall, except as otherwise provided, be punished as follows:
...Fourth, by imprisonment in a jail or house of correction for not more than two and one half years or by a fine, or by both such fine and imprisonment, if he attempts to commit any larceny punishable under said section thirty.
Justin
Hanrahan Consulting...The New Leader in Promotional Preparation www.masspromotions.us
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Posted by: mikemac64
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