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Posted by: Gil

Wednesday's Results: 2/7/07

Officer Manning is sent to a disturbance call at the bus stop on the corner of Main Street and Spring Street. Dispatch received numerous calls of a fight. When you arrive on scene you are greeted by several witnesses who explain that a group of five teenage males approached the bus stop, one of the males approached the victim and punched him in the side of the face for no apparent reason. The victim, a middle-aged man wearing a business suit and carrying a briefcase, was knocked to the ground he did not suffer any injuries but he was obviously shaken and embarrassed.

One witness states that she overheard the perpetrator say to his friends "watch me punch this guy out" just before he approached the man and struck him. The youths made no attempt to take any property from the victim. After the man was struck the youths began laughing and walked away. Officer Smith finds the teens about a block away and detains them. A witness positively ID's the perpetrator. The teen admits to striking the man because he didn't "like the looks of him." The teen refuses to give his name or address. What is the strongest action Officer Manning can take in this situation?

a. summons him as a John Doe 14%*
b. arrest for a misdemeanor assault 18%
c. arrest for refusing to give name to a police officer 53%
d. no legal authority to take any of the above action 15% correct*

Explanation : Simple assault is a misdemeanor with no statutory right of arrest. This question shows the many loopholes in the law here in Massachusetts. Warrants are the preferred method of arrest - this dates back to the US Constitution - there are some exceptions to the warrant requirement, i.e. felonies, misdemeanors committed in the officer's presence and amounting to a breach of the peace, and then we have misdemeanors with a statutory power of arrest (meaning the legislature wrote into the law that police could arrest without a warrant). Simple assault is a misdemeanor, there is no statutory right of arrest written into the law (unless a domestic), if an assault was committed in the officer's presence and in public it most certainly would be a breach of the peace and then arrestable. But what happens when you have an simple assault committed in the past? There is no power of arrest. What about refusing to give name to a police officer? Sounds like a perfect fit...BUT this is a motor vehicle violation. If the perpetrator was driving a car or in charge of a car Officer Manning would have a statutory right of arrest but there is no vehicle involved. So B & C are wrong answers. *The correct answer normally would be summons the kid but if you don't have his name what good would a summons do? There are John Doe warrants but I have never heard of a John Doe summons, maybe a court would issue one but what good would it do? So technically the correct answer is D.

What the legislature should do is pass a statute that allows police officers to arrest anyone they have reason to believe will not respond to a summons. New Hampshire has a statute like this. If someone commits a misdemeanor and gives the cop a fake name or refuses to give name New Hampshire cops can just arrest him. What Massachusetts has tried to do is legislate on a case by case basis. After numerous shoplifters supply phony info to the police - the retailers lobby for a remedy - thus you have a statutory right of arrest for shoplifting in the past. Domestic abuse - same thing. There must of have been a problem with spitting on the sidewalk (actually I think this statute was passed back when there were problems with diseases such as the plague etc) because there is a statutory power of arrest when someone spits on the sidewalk and is unknown to the officer! the list goes on and on. This loophole has always driven me crazy...just pass a catch all law that covers all these issues. Powers of arrest questions are commonly on the exam but aside from that it is one of the most powerful tools you have you should know it inside and out.

Justin

Hanrahan Consulting...The New Leader in Promotional Preparation
www.masspromotions.us

Justin Hanrahan
Hanrahan Consulting
The New Leader in Promotional Preparation
PO Box 383
Watertown, MA 02471
(97 692-2604


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Posted by: 94c

Hey Gil, where do those percentages come from?

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Posted by: Deuce

Off topic. You mentioned the expectorating on a public way. I've always wanted to use this on the mopes spitting on sidewalks as you pass them. But since the Worcester court is a miscarriage of justice I haven't bothered. Was wondering if anyone has used it with success.

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Posted by: Gil

Quote:

Originally Posted by 94c Hey Gil, where do those percentages come from?

Those percentages come from the officers on the list that reply to the question. They reply with their answers and then Justin includes them in the following days email.

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Posted by: 94c

Quote:

Originally Posted by Gil Those percentages come from the officers on the list that reply to the question. They reply with their answers and then Justin includes them in the following days email.

I was just shocked at that 53% answer C.

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Posted by: secret squirrel

A few of possibilities for Arm Chair Quarterbacking: about 2cents worth

#1

Disorderly Conduct

Multiple calls to the station,the overheard statements, the battery, the laughing, the shock of the victim and witnesses, finding them a block away, admitting to the battery, refusing to give his true name, the positive id of a witness who I am sure would still be physically shaken from the site of the suspect and the attack. I would be willing to bet that the suspect was not overly friendly to the officer. Wrap the whole incident up into one continuous event and lock him up. The battery is over but this event is ongoing.


#2

The teen admits to striking the man because he didn't "like the looks of him."

If the officer could elaborate about that statement and develop "looks of him" it may turn into something like A&B with aggravation factors (racial, religion, sexual orientation or disability for purpose of intimidation) Felony if bodily injury and i would think that there must have been some minor injuries.

BODILY INJURY - A cut, abrasion, bruise, burn, or disfigurement; physical pain; illness; impairment of the function of a bodily member, organ, or mental faculty; or any other injury to the body, no matter how temporary. 18 U.S.C.


#3

how about this one.... "watch me punch this guy out"

Is this his intent to knock the guy out.......could this be an attempt to knock the victim out but the suspect doesn't hit hard enough to do it.

Question: Does unconsciousness qualify for Serious Bodily Injury in Mass?

If it does, then this could be an attempt to commit a crime of A&B causing serious bodily injury (Felony).

SERIOUS BODILY INJURY - Bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. 18 USC

#4

Sounds like this group of teenagers are up to nothing but malicious mischief. This is a real stretch but anticipatory breach of the peace could also be included in the ongoing breach of the peace to strengthen to disorderly conduct.

I do agree that Mass Law has many loopholes that need to be closed up. I do like the idea of arrest powers for someone who will not appear for a summons.

Any thoughts or feelings on this????

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