Practice RBC 1 (examples) Completely Solved!!

A man went to the home of his estranged wife to discuss a problem they were having over their property settlement. An argument broke out and the man slapped his wife and then told her he would come back and "really beat you up" if she reported the incident to the local law enforcement. What crime, if any, was committed? - ANSWERSIntimidating Witnesses or Victims - Felony At a trial for embezzlement, Bill testified against the defendant, his former business partner. Two days later, while the jury was deliberating, Bill received a letter from the defendant stating "you'll be sorry for what you did." The letter also stated that the business they had formerly owned together would be "torched." What crime, if any, was committed? - ANSWERSThreats of Retaliation - Felony An officer arrived at the home of a woman who had reported a prowler. The officer found a man in the backyard of the home but the man claimed that he lived there. The woman identified the man as her former business partner and showed the officer a valid Temporary Restraining Order which forbade the man from coming within 100 feet of the woman. Upon questioning, the man admitted that he had been properly served with the order one week prior to the incident. What crime, if any, should the officer charge him with? - ANSWERSViolating a Court Order - Misd A man was being arrested for stealing a bicycle that had been locked up in front of a convenience store. While being handcuffed, he broke free from the peace officer's grip and ran away. The officer eventually subdued the man. Along with the original crime, the man committed what crime? - ANSWERSResisting a peace officer - misd and Attempting to escape, or escaping from the custody - Misd During a trial, the judge decided to adjourn the court proceeding for a lunch break. The judge ordered the officer witness who had been testifying to return after lunch for examination by the defense attorney. The officer witness failed to return. Did the officer commit a crime? - ANSWERSYes = Violating a Court Order - Misd A man was distraught by what he felt were false charges brought against his son. He contacted the assistant district attorney in charge of the case and threatened to harm the attorney's son if the charges were not dropped. The attorney was not influenced by the threat. What crime, if any, was committed? - ANSWERSattempting to deter an executive officer from the performance of his duties - Felony (Obstructing or resisting an Executive Officer) A college mathematics instructor found a note on his windshield stating that he would be sorry if he didn't give a passing grade to a particular athlete on the school's football team. Although the instructor ignored the first note, he took the second note seriously when he found it taped to a broken window of his home. An officer questioned the athlete mentioned in the notes and the athlete admitted that he had written the notes himself. Along with the crime involving the destruction of property, was another crime committed? - ANSWERSYes = threatening public officers, employees, or school officials. - Felony Two officers detained a man to question him regarding an assault. As one of the officers turned to talk to his partner, the man reached for the officer's firearm and was able to pull it from the officer's holster before the officer could take action. The officer's partner grabbed the man's hand and gained control before the man could use the firearm against the officers. what crime was committed? - ANSWERStaking an officer's firearm - Felony During a struggle to subdue a suspect, an officer's firearm fell from the officer's holster. The suspect kicked the firearm away from the officer and then attempted to pick it up. Another officer was able to intercede and prevent the suspect from reaching the firearm. What crime did the suspect commit? - ANSWERSattempting to remove a firearm from an officer - Felony A peace officer attempted to use pepper spray to subdue a belligerent suspect. In the course of the officer's actions, the suspect grabbed the can of pepper spray from the officer's hand. The officer was able to physically subdue the suspect before he could use the spray on him. By taking the officer's chemical weapon, the suspect was guilty of the crime of removing or taking any weapon other than a firearm from an officer. True or False? - ANSWERSTrue - Felony Two officers arrest three men for assault. One of the officers handcuffed the first man and placed him in the patrol vehicle. While that officer rejoined her partner to deal with the remaining prisoners, the first man kicked out the window of the patrol car, climbed out, and ran. What crime did the suspect commit? - ANSWERSEscape from the custody of a peace officer - Misd Two officers went to the apartment of a suspect to arrest her for possession of a controlled substance for sale. When the suspect opened the door, one of the officers produced a valid arrest warrant and placed the suspect under arrest. After the officer had handcuffed the suspect, the suspect shoved the officer down a flight of stairs and fled. The other officer chased the suspect and completed the arrest. The officer who was pushed sustained numerous serious injuries. The suspect has committed the crime of escape from a peace officer, a Misdemeanor. True or false? - ANSWERSFalse - Great bodily injury makes it a Felony Two state correctional officers were transporting a prisoner to a state prison and became involved in an automobile accident. The officer who had been driving was severely injured, but the prisoner and other officer received only minor injuries. While the passenger officer attempted to aid his partner, the prisoner took advantage of the distraction, kicked the officer in the back and fled. Additional officers who arrived on the scene gave chase and were able to take the prisoner into custody. What crime was Committed? - ANSWERSattempting to escape from a state prison by means of force or violence - Felony A man was detained for shoplifting. When the officer requested identification, the man told the officer he left his wallet along with all of his identification at home. Believing that he could avoid prosecution for the theft, he identified himself with a fictitious name and address. The officer then charged the man with also providing a false identity. Did the officer act appropriately? - ANSWERSYes = providing a false identity to a peace officer - Misd A young man reported to a peace officer that his car had been stolen from the parking lot of a local shopping area. The young man falsely reported the crime because he did not want his father to find out that he damaged the car in a minor traffic accident. What crime, if any, occurred? - ANSWERSfalsely reporting a crime - MIsd A high school principal received a phone call from an unidentified person stating that a bomb had been placed in a student locker in the school building. Law enforcement officials were notified, and the building was evacuated. After the building was thoroughly searched, the report was deemed to be false. Later it was determined that a student, on a dare from some of his friends, had made the phone call and falsely reported the bomb. What crime occurred? - ANSWERSfalsely reporting a destructive device - Misd The members of a garment maker's union were on strike and picketed in front of a local retail store. The group was peaceful and did not block the sidewalk. The purpose of the group was to inform shoppers of a certain manufacturer's unfair labor practices. Members of the group decided they weren't getting enough attention and used bull horns and amplification devices to yell out their message. The noise became so loud that the store owner and other merchants along the street, and residents in a nearby apartment building, began to complain. The assembly became an unlawful assembly when members of the group began to disrupt the peace with their noise. True or False? - ANSWERSTrue = Misd (boisterous or tumultuous manner) Deputy Jones used an empathetic tone of voice while interviewing a rape victim, but he also glanced at his watch frequently while she was talking. Because of the officer's negative nonverbal signals, the victim began to feel that the officer was thinking about other things and did not really care about what had happened to her. The victim felt even more demeaned and stopped talking. Did the officer act appropriately? - ANSWERSno An officer verbally encouraged a witness to include any details she could remember regarding an armed robbery. As the woman spoke, one officer kept looking over to his partner and rolling his eyes when he thought the witness would not notice. The woman did notice. Is it likely she will complete her account abruptly and unintentionally leave out important details? - ANSWERSYes The defendant shot at an intended victim with intent to kill him, but instead hit and killed a bystander. Why would the defendant still be guilty of murder? - ANSWERSThe intent transfers from the intended victim to the bystander. During a dispute between motorists on the freeway, Smith rammed his car into Jones' car in an attempt to run Jones off the road. As a result, Jones' car struck Johnson's car, causing Johnson to lose control and hit a utility pole. Subsequently, Johnson died. What should Jones be charged with? - ANSWERSMurder - Felony A woman told a drug dealer that she wanted to purchase heroin from him. Although she did not realize it, the dealer sold the woman talcum powder. What crime, if any, occurred? - ANSWERSattempted to possess a controlled substance - Misd At Brian's request, Julia obtained a motel room for use by Brian and an underage girl, knowing that Brian planned to have sexual intercourse with the girl. Julia took Brian and the girl to the room and returned to waken them at a prearranged time. Who would be the principal(s) of this crime? - ANSWERSBoth Brian and Julia have committed unlawful sexual intercourse. Even though Julia did not commit the offense herself, she aided and abetted Brian in the commission of an illegal act. A man enters a bank and gives the teller a demand note. The teller pretends to faint and the man runs from the bank. Did the man commit robbery? - ANSWERSNo, the crime is not complete because he did not get the money. (he committed attempted Robbery) Brian and Ken planned to rob a bank. They decided that Brian would drive the getaway car, and Ken would run into the bank and steal the money. They successfully robbed the bank and drove off with the stolen money. Who would be the principal(s) of this crime? - ANSWERSBoth Brian and Ken are principals to the robbery, and they are equally culpable for the charge of robbery. A crowd of gang members attacked a member of a rival gang. The victim was knocked to the ground and kicked repeatedly in the head with heavy boots. The victim died from severe head trauma. Only the gang member that killed the rival gang member is guilty of murder. True or False - ANSWERSFalse - Each of the participants in the assault is a principal to murder. It makes no difference which gang member struck the killing blow since each of them is liable for the natural and foreseeable consequences of the brutal attack. Julia accidentally picked up someone else's coat when she quickly left a meeting. Julia is able to show that she intended to leave with her own very similar coat. Julia returned the coat. What crime, if any, occurred? - ANSWERSnone - Julia has not committed a crime; she has made a mistake. An adult male held to answer for unlawful sexual intercourse with a minor female presented evidence that he had a good faith, reasonable belief based on the girl's appearance, actions, and representations that she was 18 years old and a voluntary participant in the act. Is the male still guilty? - ANSWERSNo - there is no criminal intent because the defendant reasonably believed that the female had reached the age of consent A sober person driving a vehicle in good mechanical condition was traveling within the posted speed limit on a dry, clear day. Without warning, a pedestrian darted out from behind a parked car in the middle of the block and into the path of the vehicle. The car struck and injured the pedestrian. what crime, if any, did the driver commit? - ANSWERSNone - The injury was unintentional with no evil design (intent) on the part of the driver A woman, defending herself against an unprovoked attack, punched her assailant in the head. The blow caused the assailant to fall onto a sharp object, resulting in the assailant's death. The woman committed murder. True or False? - ANSWERSFalse - The woman did not have criminal intent, therefore, did not commit a crime. Upon approaching a convenience store late at night, Frank was stopped in the parking lot by a man with a gun. The man gave Frank an unloaded pistol and ordered him to rob the convenience store. The man tells Frank that he would be watching him through the window and would "cap him" if he didn't rob the store. Frank robbed the store and gave the gunman the proceeds. Frank is not guilty of armed robbery. True or False? - ANSWERSTrue - Frank has acted under threat or menace and lacks the criminal intent necessary for him to be guilty of a crime. While Keith and Don were committing a burglary, Keith forced Don to kill the store clerk. Don is not guilty of Murder. True or False? - ANSWERSFalse - Don is not eligible to claim threat or menace because the act of participating in the burglary itself included the possibility of being forced to commit a greater crime. An officer arrests a suspect for burglary. After the officer read the arrestee his Miranda rights, the arrestee waives his rights and agrees to answer questions. During questioning the arrestee confesses to the crime. If challenged in court the confession will not be suppressed because the officer obtained a knowing, voluntary waiver of the arrestee's 5th Amendment Right against self-incrimination before obtaining the confession. True or False? - ANSWERSTrue An officer arrests a subject for burglary. Before reading the arrestee his Miranda Rights, the officer questions him about the crime and the arrestee confesses. Did the Officer act Appropriately? - ANSWERSno - The confession will be suppressed in court because the officer cannot show that the arrestee knowingly, voluntarily and intelligently waived his 5th Amendment Right against self-incrimination. A peace officer suspects an individual of possessing a controlled substance but does not have enough information to legally detain him. The officer approaches the person and asks if he would be willing to answer a few questions. What kind of contact is this? - ANSWERSConsensual Late one evening, an officer observed someone sitting alone in a parked car in the empty parking lot of a closed business. Wishing to investigate, the officer drove up to the parked car. He turned on his emergency lights to identify himself as a peace officer. Did the Officer act appropriately? - ANSWERSno - the officer's red light means "Stop," this was an illegal detention. Officers saw two men walk past each other in an alley in an area with a lot of drug-trafficking. They believed the men would have met each other if the officers had not been there. This "looked suspicious" to the officers, so they contacted one of the men and asked for identification. When he refused, they ordered him to stay and investigated further. Was this a legal detention? - ANSWERSno - Refusal to cooperate, by itself, is not reason enough to detain, so the detention was illegal. An officer made a vehicle stop for weaving within the lane. The officer determined that the driver was weaving because she spilled coffee in her lap. Was this a legal detention? - ANSWERSyes - based on reasonable suspicion of a reckless driving violation. While assigned to night foot patrol, a uniformed officer observed a man walking by a closed jewelry store. The man walked back and forth, looking at all corners of the window, as well as at the alarm box on the wall. The officer had been informed that there had been several "smash-and-grab" burglaries in the area. The officer approached the man and asked for identification. The man started to walk away without answering. The officer stepped in front of the man to prevent him from leaving the area. What kind of stop is this? is it legal? - ANSWERSThis is a legal detention A traffic stop, originally based on an excessively loud muffler, was prolonged to ascertain positive identification and vehicle ownership when the driver did not have a license, the car was not registered to any of the three male occupants, and the occupants gave conflicting answers to questions. Did the officer act appropriately? - ANSWERSyes An officer detained a person as a suspect in a battery. Because the badly beaten victim was still recovering in a nearby hospital, the officer took the detainee to the hospital for the victim to view for identification purposes. Did the officer