City Ord Chap 35 (Offenses & Misc)

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Questions and Answers

Under what circumstances can a police officer arrest someone for assault without a warrant, even if the assault was not committed in their presence?

  • If the assault involved a deadly weapon, regardless of the relationship between the suspect and victim.
  • If the officer believes the suspect is likely to commit another crime.
  • If the officer has reasonable cause to believe the suspect assaulted a spouse, former spouse, cohabitant, or dating partner. (correct)
  • If the officer has a strong suspicion, but not necessarily reasonable cause, that an assault occurred.

What is the key characteristic that differentiates a 'dating relationship' from other types of associations, according to the definition provided?

  • Shared financial obligations.
  • Regular meetings in a social context.
  • The expectation of affectional involvement. (correct)
  • Involvement in the same business or social circles.

In the context of deferred proceedings for a first-time assault offense, what condition related to the victim must be met?

  • There are no conditions related to the victim.
  • The victim must be willing to participate in a mediation program.
  • The victim must be the offender's spouse, former spouse, cohabitant, dating partner, or someone with whom they share a child. (correct)
  • The victim must request the deferred proceeding.

Before a court can defer proceedings for a defendant in an assault case, what information must it obtain from the Department of State Police?

<p>Whether the defendant has any prior convictions for assault. (B)</p> Signup and view all the answers

If the Department of State Police records show an arrest for assault but no final disposition, what action should the court take?

<p>Contact the arresting agency and the court with jurisdiction over the prior violation to determine the disposition. (C)</p> Signup and view all the answers

What is required for the court to defer proceedings and place the accused on probation?

<p>The consent of the accused and the City Attorney in consultation with the victim. (A)</p> Signup and view all the answers

Which of the following scenarios would NOT qualify as a 'dating relationship' according to the definition provided?

<p>Two people who met at a conference and had a one-time intimate encounter. (C)</p> Signup and view all the answers

A police office arrives on scene to find a man and woman arguing. The woman states the man slapped her, but the officer did not witness the event. They have a child together. Can the office arrest the man without a warrant?

<p>Yes, because the officer has reasonable cause to believe that a domestic assault has occurred. (B)</p> Signup and view all the answers

An individual is being questioned by a police officer about a potential noise complaint at their residence. According to the provided text, which action constitutes unlawful conduct?

<p>Refusing to provide identification, even after being informed of the officer's investigation into the noise complaint. (B)</p> Signup and view all the answers

During a lawful traffic stop, a police officer asks the passenger to remain in the vehicle. Which action by the passenger would be considered a violation based on the ordinance?

<p>Exiting and fleeing the vehicle, ignoring the officer's commands to stay inside. (B)</p> Signup and view all the answers

A person is walking near a building where a fire has been reported. Police have cordoned off the area with yellow tape. Which action constitutes a violation of the ordinance?

<p>Carefully stepping over the tape to retrieve a dropped wallet inside the restricted area. (C)</p> Signup and view all the answers

An individual is arrested for disorderly conduct. Under what circumstance can law enforcement legally require the individual to provide fingerprints?

<p>Only if fingerprinting is authorized or required by law. (A)</p> Signup and view all the answers

A group is holding a public demonstration to protest a new city ordinance. Which of the following actions would be prohibited under the provided regulations?

<p>Wearing masks that conceal their faces during the march. (A)</p> Signup and view all the answers

A plainclothes officer approaches an individual and begins asking questions without clearly identifying themselves. The individual, unaware that the person is a police officer, provides false information. Has the individual violated section B(3)?

<p>No, because the individual did not know they were speaking to a police officer. (C)</p> Signup and view all the answers

During an arrest, a bystander actively tries to prevent the police from putting handcuffs on the suspect, believing the arrest is unjust. According to the provided text, what violation has the bystander committed?

<p>Assisting a person in custody to escape. (B)</p> Signup and view all the answers

An individual, without being a sworn officer, dresses in a police uniform and directs traffic at an intersection. Which section of the ordinance have they violated?

<p>Impersonating a police officer. (A)</p> Signup and view all the answers

Under the outlined regulations, what is the penalty for an adult (21 years or older) who delivers more than the allowed amount of marijuana, but less than double the allowed amount, without receiving remuneration, for a first offense?

<p>A municipal civil infraction punishable by a fine of $500 and forfeiture of the marijuana. (C)</p> Signup and view all the answers

Which of the following actions would be considered a violation of subsection (H)?

<p>Initiating a fight that endangers the health of another person. (C)</p> Signup and view all the answers

An individual under 21 possesses 2 ounces of marijuana. This is their first offense. What penalties apply if they are 17 years old?

<p>A fine of $100, forfeiture of the marijuana, and completion of 4 hours of drug education or counseling. (A)</p> Signup and view all the answers

What constitutes a third violation for an adult (21 or older) who delivers without remuneration an amount of marijuana greater than allowed, but not more than twice the allowed amount?

<p>A misdemeanor punishable by a fine of up to $500. (B)</p> Signup and view all the answers

According to the provided text, what is the maximum penalty for committing an assault and battery upon another person?

<p>Imprisonment for not more than 93 days or a fine of not more than $500, or both. (D)</p> Signup and view all the answers

Under what circumstances is an assault and battery against a spouse NOT subject to the enhanced penalties outlined in subsection (I)(1)?

<p>If the individual has prior convictions for similar offenses. (B)</p> Signup and view all the answers

According to the regulations, which action would result in the least severe penalty for an adult over 21?

<p>Possessing an amount of marijuana allowed by subsection (B). (C)</p> Signup and view all the answers

A 19-year-old commits a second offense for possessing 2 ounces of marijuana. What are the consequences, according to the provided text?

<p>A fine of $500 and forfeiture of the marijuana. (B)</p> Signup and view all the answers

A person commits a grossly negligent act against a pregnant individual, resulting in physical injury to the fetus. What is the maximum penalty they could face, according to the text?

<p>Imprisonment for not more than 93 days or a fine of not more than $100, or both. (D)</p> Signup and view all the answers

According to the provided text, what is a key characteristic of a 'dating relationship' as it relates to assault and battery charges?

<p>It is primarily characterized by the expectation of affectional involvement. (D)</p> Signup and view all the answers

Consider an individual over 21 who delivers the allowed amount of marijuana to another adult over 21 and receives remuneration. According to subsection C, what type of violation is this?

<p>This situation is not addressed in the text. (C)</p> Signup and view all the answers

Which action constitutes 'inciting a riot' according to the text?

<p>Actively encouraging a group of people to engage in violent or disruptive behavior. (C)</p> Signup and view all the answers

An 18-year-old is found to be cultivating 10 marijuana plants. This is their first offense. What is the penalty?

<p>A fine of $100 and forfeiture of the marijuana. (B)</p> Signup and view all the answers

Under what condition can an individual legally use physical force, even if it might otherwise be considered assault and battery, according to the content?

<p>When acting in compliance with section 1312 of the revised school code, M.C.L.§ 380.1312. (D)</p> Signup and view all the answers

Which of the following factors most significantly changes the severity of penalties for possessing or delivering marijuana, according to the provided text?

<p>Whether or not remuneration was received for the delivery. (A)</p> Signup and view all the answers

A group of people are committing criminal acts. A police officer orders them to disperse, identifying themselves properly. An individual within the group refuses to leave. What offense has that individual committed?

<p>Failure to obey a lawful order to disperse. (A)</p> Signup and view all the answers

Under what circumstances is possessing drug paraphernalia considered unlawful, according to the ordinance?

<p>When found on the grounds of a public or private school where children attend classes in preschool programs, kindergarten programs, or grades 1 through 12. (C)</p> Signup and view all the answers

A pharmacy sells hypodermic needles to a farmer for vaccinating livestock. Does this sale violate the ordinance regarding drug paraphernalia?

<p>No, because the ordinance specifically exempts the sale of hypodermic needles for treating animals. (A)</p> Signup and view all the answers

Which of the following actions would be considered a violation of the ordinance regarding the sale of drug paraphernalia?

<p>Selling pipes and bongs to a customer, knowing they will be used to smoke marijuana. (D)</p> Signup and view all the answers

A hospital orders glassware for its laboratory. Is the supplier in violation of the ordinance if that glassware is later used as drug paraphernalia?

<p>No, because sales to hospitals for use in that institution are exempt. (D)</p> Signup and view all the answers

A person is found in possession of marijuana accessories on a school bus during the summer when school is not in session. Does this violate the ordinance?

<p>Yes, because the ordinance prohibits possession of marijuana accessories on a school bus at all times. (A)</p> Signup and view all the answers

A medical supply company sells a specific type of container to a licensed pharmacy. The container is later sold to a customer who uses it to store illegal drugs. Is the medical supply company in violation of the ordinance?

<p>No, because the initial sale was to a licensed pharmacy, which is an exception under the ordinance. (C)</p> Signup and view all the answers

A local health department distributes free syringes to drug users as part of an initiative to prevent the spread of HIV and hepatitis. Is this a violation of the ordinance?

<p>No, because the ordinance specifically exempts objects given away by a local governmental agency to prevent the transmission of infectious agents. (B)</p> Signup and view all the answers

A person sells a set of laboratory glassware to someone they reasonably believe is a chemistry student for use in a home laboratory. Unbeknownst to the seller, the buyer intends to use the glassware to manufacture methamphetamine. Is the seller in violation of the ordinance?

<p>No, because the seller did not <em>know</em> the glassware would be used to manufacture controlled substances. (A)</p> Signup and view all the answers

An individual under 18 years of age commits a third marijuana violation. What penalties might they face?

<p>A $1,000 fine, community service, forfeiture of the marijuana, and completion of 16 hours of drug education or counseling. (D)</p> Signup and view all the answers

What is the primary condition that allows a court to defer proceedings and place an individual on probation without a judgment of guilt for a controlled substance offense?

<p>The individual has not previously been convicted of an offense related to controlled substances. (C)</p> Signup and view all the answers

An individual over 18 commits a third marijuana violation. What penalties might they face?

<p>A misdemeanor charge, community service, forfeiture of the marijuana, and drug education or counseling as ordered by the court. (C)</p> Signup and view all the answers

Under what circumstances might an individual who possesses, cultivates, or delivers more than twice the allowable amount of marijuana face a fine up to $500 and up to 90 days in jail?

<p>If the violation was habitual, willful, and for a commercial purpose, or if the violation involved violence. (C)</p> Signup and view all the answers

If an individual is placed on probation without a judgment of guilt, what could lead to the court entering an adjudication of guilt?

<p>Violation of a term or condition of the probation. (B)</p> Signup and view all the answers

An individual is found guilty of possession of a controlled substance but has no prior drug-related convictions. Besides paying a probation supervision fee, what else might the terms and conditions of their probation include?

<p>Participation in a drug treatment court. (C)</p> Signup and view all the answers

What is the maximum fine an individual might face for possessing more than twice the legal amount of marijuana if the violation was not habitual, willful, or for a commercial purpose, and did not involve violence?

<p>$500 (D)</p> Signup and view all the answers

What specific factor can elevate the penalties for possessing, cultivating, or delivering excess marijuana, potentially leading to both a fine and jail time?

<p>The violation involving violence. (C)</p> Signup and view all the answers

Flashcards

Warrantless Arrest in Domestic Assault

An officer can arrest a violator without a warrant if they have reasonable cause to believe domestic assault has occurred, regardless of whether it was in the officer's presence.

Dating Relationship (legal definition)

Frequent, intimate associations primarily characterized by the expectation of affectional involvement.

What is NOT a 'Dating Relationship'?

A casual relationship or an ordinary fraternization between two individuals in a business or social context.

Deferred Proceedings in Domestic Assault Cases

The court may defer proceedings and place the accused on probation without entering a judgment of guilt.

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Victim relationship to offender (deferred proceedings)

The victim is the offender's spouse, former spouse, someone who has a child in common with the offender, someone in a dating relationship with the offender, or someone residing in the same household as the offender.

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Prior Conviction Check

The court must check records to ensure the accused has no prior convictions for similar offenses before deferring proceedings.

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Unresolved Arrest Record

Contact the arresting agency and the court to determine the disposition of that arrest.

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Michigan Penal Code

Under Section 81 or 81a of the Michigan Penal Code, Public Act 328 of 1931.

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Prohibited Conduct

Engaging in a fight, brawl, or riotous conduct that endangers others.

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Assault/Battery

An unlawful physical attack or threat of attack.

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Domestic Violence

Assault or battery against a spouse, former spouse, someone with whom one has a dating relationship, or cohabitant. Misdemeanor punishable by up to 93 days imprisonment and/or a $500 fine.

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Violence Against Pregnant Individual

Intentionally committing domestic violence against a pregnant individual resulting in physical injury to the embryo or fetus. Misdemeanor punishable by up to 93 days imprisonment and/or a $500 fine.

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Negligence Against Pregnant Individual

Committing a grossly negligent act against a pregnant individual resulting in physical injury to the embryo or fetus. Misdemeanor punishable by up to 93 days imprisonment and/or up to a $100 fine.

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Dating Relationship

Frequent, intimate associations primarily characterized by the expectation of affectional involvement.

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Inciting a Riot

To encourage or provoke others to engage in a riot.

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Failure to Disperse

Failure to comply with an order from an identifiable police officer to leave an area where criminal or disorderly acts are occurring.

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Resisting Arrest

To willfully oppose or try to prevent a police officer from making an arrest that you know is happening.

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Assisting Escape

Using physical force to help someone escape from a police officer's custody.

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False Identification

Intentionally lying or disguising who you are to a police officer during an investigation.

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Refusal to Identify

Refusing to show a police officer identification when they are investigating possible unlawful conduct.

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Disobeying Officer

Intentionally not following lawful orders given by a police officer during an arrest, search, traffic stop, etc.

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Fleeing a Traffic Stop

Running away from a vehicle after it has been stopped by a police officer.

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Restricted Area Violation

Entering or staying in an area that has been closed off by law enforcement.

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Impersonating an Officer

Pretending to be a police officer when you are not one.

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Drug Paraphernalia

Items used to plant, grow, make, test, or use controlled substances.

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Possession of Paraphernalia

Possessing drug paraphernalia is illegal unless permitted by law.

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Paraphernalia near Schools/Prisons

Marijuana accessories are prohibited on school grounds, buses, and correctional facilities.

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Selling Paraphernalia Illegally

It is illegal to sell drug paraphernalia if you know it will be used with controlled substances.

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Exception: Medical Professionals

Licensed medical professionals can buy equipment for professional use.

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Exception: Healthcare Institutions

Hospitals and healthcare institutions can possess paraphernalia for institutional use.

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Exception: Medical Suppliers

Medical, dental, surgical, or pharmaceutical suppliers are exempt.

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Exception: Common Household Items

Ordinary household items (blenders, spoons) not specifically designed for drug use are exempt

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Marijuana Possession (Legal Limit)

Possessing, cultivating, or delivering (without pay to someone 21+) up to the legal limit of marijuana results in a civil infraction.

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Marijuana Possession 1st Violation (Double Limit)

A first violation for possessing up to twice the legal marijuana limit is a civil infraction with a $500 fine.

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Marijuana Possession 2nd Violation (Double Limit)

A second violation for possessing up to twice the legal marijuana limit results in a civil infraction with a $1000 fine.

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Marijuana Possession 3rd+ Violation (Double Limit)

Third or subsequent violations for possessing up to twice the legal marijuana limit is a misdemeanor punishable by a fine up to $500.

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Under 18, 1st Offense (Possession)

For a first offense, a person under 18 possessing less than 2.5 ounces of marijuana, faces a $100 fine/community service, forfeiture, and 4 hours of drug education.

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18-20, 1st Offense (Possession)

For a first offense, a person 18-20 possessing less than 2.5 ounces of marijuana faces a $100 fine and forfeiture.

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Under 18, 2nd Offense (Possession)

A second violation, a person under 18 possessing less than 2.5 ounces of marijuana, faces a $500 fine/community service, forfeiture, and 8 hours of drug education.

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18-20, 2nd Offense (Possession)

For a second violation, a person 18-20 possessing less than 2.5 ounces of marijuana faces a $500 fine and forfeiture.

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Marijuana: 3rd Offense (Under 18)

For a 3rd or subsequent offense (under 18), a person is responsible for a municipal civil infraction punishable by a fine of $1,000 and community service, forfeiture of the marihuana, and completion of 16 hours of drug education or counseling

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Marijuana: 3rd Offense (Adult)

For a 3rd or subsequent offense (18+), a person is guilty of a misdemeanor, community service, forfeiture of the marihuana, and completion of court-ordered drug education/counseling.

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Excess Marijuana (Unpaid)

Possessing, cultivating, or delivering more than twice the allowed amount of marijuana without pay to someone 21+ is a misdemeanor.

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Marijuana Violation: Minor

A fine up to $500 may be imposed if the violation was not habitual, willful, and for a commercial purpose, and the violation did not involve violence.

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Marijuana Violation: Serious

A fine up to $500 and up to 90 days in jail if the violation was habitual, willful, and for a commercial purpose, or if the violation involved violence.

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Probation Without Judgment

Allows a first-time offender to be placed on probation without a judgment of guilt.

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Probation Conditions

Terms include probation supervision fees and potentially drug treatment court.

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Violation of Probation

If probation terms are violated, the court can enter a guilty verdict and proceed with sentencing.

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