MCLETC 19-04 Quiz 2 Questions And Answers

Use of fo - ANS Probable cause - ANS the 4th ammendment legal standard of info necessary to justify an arrest, obain a search warrant, or conduct an emergency warrantless search for evidence. Facts and circumstances that would lead a common sense person of reasonable caution, with the knowledge, training, and experience of a police officer to believe that there is a fair probablility of criminal activity ARREST: that an offense has been committed SEARCH: that there is a seizable evidence of that offense in a particular place Theft - ANS Article 16 Deception - ANS Article 17 Robbery - ANS Article 18 Burglary - ANS Article 19 Arson - ANS Article 20 Damage - ANS Article 21 Property - ANS anything of value Value - ANS Can be "market value" or "actual value" Owner - ANS A person, other than the offender, who has possession of or any other interest in the property involved....and without whose consent the offender has no authority to exert control over the property Deception - ANS creating or confirming another's impression which is false; promising performance intending to perform Threat - ANS a menace, however communicated, to: (a) inflict physical harm... (b) subject any person to physical confinement or restraint (e) expose any person to hatred (g) reveal information sought to be concealed Stolen property - ANS property over which control has been obtained by theft Obtain - ANS (a) in relation to property, to bring about a transfer of interest or possession, whether to the offender or to another, and (b) in relation to labor or services, to secure the performance thereof Obtain control - ANS the phrase :obtains or exerts control" over property, includes but is not limited to the taking, carrying away, or the sale, conveyance, or transfer of title to, or interest in, or possession of property Permanent deprivation - ANS (a) defeat recovery of the property; or (b) deprive permanently of the beneficial use; or (c) with intent to restore it to the owner only if the owner purchases or leases it back, or pays a reward or other compensation for its return; or (d) sell, give, pledge or transfer any interest in the property or subject it to the claim of a person other than the owner Governmental property - ANS means funds or other property owned by the State, a unit of local government, or a school district Theft (Article 16) - ANS (a) a person commits theft when he knowingly; (1) obtains or exerts unauthorized control; or (2) obtains by deception; or,(3)Obtains by threat; or (4)Obtains control over stolen property knowing the property to have been stolen or under such circumstances as would reasonably induce him to believe that the property was stolen (5) obtains or exerts control over property in the custody of any law enforcement agency Retail theft - ANS (1) takes possession of, carries away, transfers or causes to be carried away or transferred (2) price tag swapping or altering (3) container swapping (4) Under-ringing (5) removing a shopping cart (6) fraudulent returns or exchanges (7) theft detection shielding device or device remover (8) failure of a lessee to return or pay the full retail value of the property Retail theft facts - ANS (1) does not exceed $300, is a Class A Misdemeanor, theft by emergency exit is a Class 4 felony (2) theft not exceeding $300 with a prior, is a Class 4 felony. Theft by emergency exit not exceeding $300 with a prior is a Class 4 (3) exceeds $300 in a single transaction, or in separate transactions committed by the same person as a part of a continuing course of conduct from one or more mercantile establishments over a period of one year, is a Class 3 Felony Detention - ANS (a) any merchant who has reasonable grounds to believe that a person has committed retail theft may detain such person, on or off the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time for all or any of the following Purposes: (1) to request ID (2) to verify ID (3) to make reasonable inquiry as to whether such person has in his possession unpurchased merchandise and, to make reasonable investigation of the ownership of such merchandise; (4) to inform a peace officer of the detention of the person and surrender that person to the custody of a peace officer (5) in the case of a minor, to immediately make a reasonable attempt to inform the parents, guardian or other private person interested in the welfare of that minor and, at the merchant's discretion, of peace officer of this detention and to surrender custody of such minor to such person minor (in cases of detention) - ANS persons under 19 years of age, is unemancipated, and resides with his or her parents or parents or legal guardian "full retail value" - ANS the merchant's stated or advertised price of the merchandise. "full retail value" includes the aggregate value of the property obtained from retail thefts committed by the same person as a part of a continuing course of conduct from one or more mercantile establishments in a single transaction or in separate transactions over a period of one year "Continuing course of conduct" - ANS means a series of acts, and the accompanying mental state necessary for the crime in question, irrespective of whether the series of acts are continuous of intermittent 5/16-25(d) venue - ANS multiple thefts committed by the same person as a part of a continuing course of conduct in different jurisdictions that have been aggregated in one jurisdiction may be prosecuted in any jurisdiction in which one or more of the thefts occurred civil liability - ANS (a) a person who commits the offense of retail theft as defined in subdivision (a)(1), (a)(2), (a)(3), or (a)(8) of 5/16-25 shall by civilly liable to the merchant of the merchandise in an amount consisting of: (I) actual damages equal to the full retail value of the merchandise; plus (ii) an amount not less than $100 nor more than $1,000; plus (iii) attorney's fees and court costs Identity Theft - ANS (1) uses any personal identifying information or personal ID documents of another person to fraudulently obtain, credit, money, goods, services or other property; (3) obtains, records, possesses, sells, transfers, purchases, or manufactures any personal ID info or personal ID document of another with intent to commit any felony aggravated identity theft - ANS 60 years of age or older or a person with a disability; general deception - ANS a person commits a deceptive practice when, with the intent to defraud (1) knowingly causes another, by deception or threat, to execute a document disposing of property or a document by which a pecuniary (monetary) obligation is incurred (2) officer/manager/other person partic. at the direction of a financial insti,. knowingly receives or permits the receipt of a deposit or other investment, knowing that the insti is insolvent (3) knowingly makes or directs another to make a false of deceptive statement addressed to the public deceptive practice with bad checks - ANS (1) with intent to obtain control over property, issues or delivers a check or other order for the payment of money, knowing that it will not be paid by the depository. Failure to have sufficient funds or credit with the check or other order is issued or delivered. (2) issues or delivers a check or other order in an amount exceeding $150 knowing that it will not be paid by the depository. forgery - ANS (a) knowingly commits when (1) makes a false document or alters any documents to make it false and that document is apparently capable of defrauding another (2) issues or delivers such document knowing it to have been thus made or altered (3) possesses, with intent to issue or deliver, any such document knowing it to have been thus made or altered (4) unlawfully uses the digital signature, as defined in the Financial Institutions Electronic Documents and Digital Sign Act (5) unlawfully uses the signature device of another to create and electronic signature of that other person